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U.S. v. Medina-Garcia

United States Court of Appeals, Fourth Circuit
May 17, 2007
226 F. App'x 281 (4th Cir. 2007)

Summary

finding that "the Government presented sufficient evidence for a reasonable jury to find malice aforethought" where the jury could conclude from the evidence that the defendant "fired three shots at" the victim and, "[w]ith respect to two of the shots," the defendant "placed the gun within a quarter inch of [the victim's] chest and abdomen and pulled the trigger"

Summary of this case from United States v. Dixon

Opinion

No. 06-4299.

Argued: March 14, 2007.

Decided: May 17, 2007.

Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:04-cr-00111).

ARGUED: William Edmund Loose, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by unpublished PER CURIAM opinion.


Unpublished opinions are not binding precedent in this circuit.


Summaries of

U.S. v. Medina-Garcia

United States Court of Appeals, Fourth Circuit
May 17, 2007
226 F. App'x 281 (4th Cir. 2007)

finding that "the Government presented sufficient evidence for a reasonable jury to find malice aforethought" where the jury could conclude from the evidence that the defendant "fired three shots at" the victim and, "[w]ith respect to two of the shots," the defendant "placed the gun within a quarter inch of [the victim's] chest and abdomen and pulled the trigger"

Summary of this case from United States v. Dixon
Case details for

U.S. v. Medina-Garcia

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Juan MEDINA-GARCIA…

Court:United States Court of Appeals, Fourth Circuit

Date published: May 17, 2007

Citations

226 F. App'x 281 (4th Cir. 2007)

Citing Cases

United States v. Dixon

"Malice aforethought ... can be proven by circumstantial evidence." United States v. Medina–Garcia , 226…

United States v. Hazel

Moreover, both "motives" appear fully capable of supporting a finding of malice aforethought, as both were…