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  • United States v. Abdelhay, 4th Cir. (2004)

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    Nader Zaki Abdelhay was convicted of being a felon in possession of a firearm and ammunition and making false statements to a federal agent. He appealed, arguing there was insufficient evidence to convict him of possession. The court affirmed the conviction, finding there was evidence he exercised dominion and control over firearms and ammunition found at his place of employment. As Abdelhay stipulated to being a felon and the items traveling interstate, there was sufficient evidence to uphold the possession conviction. The court also affirmed the false statements conviction.

    Original Description:

    Filed: 2004-08-11 Precedential Status: Non-Precedential Docket: 03-4974

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    Nader Zaki Abdelhay was convicted of being a felon in possession of a firearm and ammunition and making false statements to a federal agent. He appealed, arguing there was insufficient evidence to convict him of possession. The court affirmed the conviction, finding there was evidence he exercised dominion and control over firearms and ammunition found at his place of employment. As Abdelhay stipulated to being a felon and the items traveling interstate, there was sufficient evidence to uphold the possession conviction. The court also affirmed the false statements conviction.

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    11 views2 pages

    United States v. Abdelhay, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Nader Zaki Abdelhay was convicted of being a felon in possession of a firearm and ammunition and making false statements to a federal agent. He appealed, arguing there was insufficient evidence to convict him of possession. The court affirmed the conviction, finding there was evidence he exercised dominion and control over firearms and ammunition found at his place of employment. As Abdelhay stipulated to being a felon and the items traveling interstate, there was sufficient evidence to uphold the possession conviction. The court also affirmed the false statements conviction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-4974

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    NADER ZAKI ABDELHAY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (CR-03-89)

    Submitted:

    May 26, 2004

    Decided:

    August 11, 2004

    Before LUTTIG, MICHAEL, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    James O. Broccoletti, ZOBY & BROCCOLETTI, P.C., Norfolk, Virginia,


    for Appellant. Paul J. McNulty, United States Attorney, Michael C.
    Moore, Assistant United States Attorney, Norfolk, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Following
    convicted

    of

    being

    bench

    trial,

    felon

    in

    Nader

    possession

    Zaki
    of

    Abdelhay

    was

    firearm

    and

    ammunition, in violation of 18 U.S.C. 922(g) (2000), and making


    materially false statements to a federal agent, in violation of 18
    U.S.C. 1001(a)(2) (2000).

    The district court sentenced Abdelhay

    to concurrent sentences of forty-one months of imprisonment on each


    count, to be followed by a three-year term of supervised release.
    On appeal, Abdelhay maintains that the evidence at trial
    was insufficient to find him guilty of being a felon in possession
    of a firearm and ammunition.

    Abdelhay stipulated at trial that he

    had been convicted of a felony and that the firearm and ammunition
    in question had traveled in interstate commerce.

    In addition,

    there was evidence establishing that Abdelhay exercised dominion


    and control over the firearms and ammunition found at his place of
    employment.

    Therefore, we conclude that there was sufficient

    evidence at trial to find Abdelhay guilty of being a felon in


    possession of a firearm and ammunition.

    See Glasser v. United

    States, 315 U.S. 60, 80 (1942).


    Accordingly, we affirm Abdelhays 922(g) conviction.
    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.
    AFFIRMED

    - 2 -

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