Professional Documents
Culture Documents
No. 09-4242
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:08-cr-00056-JPB-DJJ-2)
Submitted:
Decided:
PER CURIAM:
Michael Jay Brackett appeals his convictions and 210
month sentence following a jury trial on one count of conspiring
to possess with intent to sell stolen firearms, in violation of
18 U.S.C. 922(j) (2006) (Count One), and one count of being
a felon in possession of a firearm and ammunition, in violation
of 922(g)(1) & 924 (2006) (Count Six).
Bracketts
first
argument
on
We affirm.
appeal
is
that
the
judgment
of
acquittal
and
his
motion
for
new
trial
new
trial
for
abuse
of
discretion.
United
was
sufficient
evidence
to
support
States
v.
To determine if
conviction,
this
verdict.
Glasser
v.
United
States,
315
U.S.
60,
80
(1942).
We have reviewed the materials on appeal and determine
that the evidence presented, viewed in the light most favorable
to
the
Government,
was
more
2
than
sufficient
to
sustain
Bracketts
convictions
on
Count
One
and
Six.
Therefore,
felony
district
convictions.
court
instruction.
error.
to
the
Brackett
courts
Accordingly,
his
failed
failure
claim
to
to
is
object
give
reviewed
in
the
limiting
for
plain
(providing standard).
Assuming without deciding that the district court was
required
United
to
sua
States
sponte
v.
give
limiting
Echeverri-Jaramillo,
instruction,
777
F.2d
but
933,
see
937
rights
given
the
abundant
evidence
against
him.
Moreover, the district court did instruct the jury that [t]he
defendant is not on trial for any facts--or any acts or crimes
not alleged in the indictment, and the parties stipulated to
the
fact
felony.
that
Brackett
had
previously
been
convicted
of
to the jury.
that
3
read
attempt
which
to
the
prove
Government
beyond
has
presented
reasonable
doubt
to
the
you
in
an
guilt
or
beyond
reasonable
doubt,
only
his
guilt.
The
beyond
reasonable
doubt.
Accordingly,
Bracketts
United States v.
Bracketts
sentencing
hearing,
Bracketts
with
information
mothers
that
Bracketts
Brackett
life.
The
violent
had
past
made
district
court
and
had
received
threat
against
found
this
Crums
testimony
See United
Based on
the evidence presented, the district court did not clearly err
in applying the 3C1.1 enhancement.
Next, although Brackett concedes that his sentence was
within the statutory maximum and within the advisory guideline
range,
he
asserts
Apprendi v.
New
that
Jersey,
he
was
sentenced
530
U.S.
466
in
(2000).
violation
of
Specifically,
for
violence
against
Crum
after
and
hearing
Crums
about
mother
Bracketts
and
about
alleged
Bracketts
court based his sentence on uncharged prior bad acts that were
not admitted to or found beyond a reasonable doubt, his claim
fails because, following United States v. Booker, 543 U.S. 220
5
United
Accordingly,
next
asserts
assistance
instruction,
failing
by
to
that
failing
object
at
his
to
counsel
request
various
points
rendered
limiting
in
the
establishes
that
counsel
provided
ineffective
assistance.
Cir. 2006).
and find that the record does not conclusively establish that
counsel
provided
ineffective
assistance.
Accordingly,
we
that
multiple
errors
occurred;
See
therefore,
the
United States v.
these
reasons,
we
affirm
Bracketts
convictions
contentions
are
adequately
6
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED