UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 01-4245

LAVON SHELTON SPENCE,

Defendant-Appellant. 

Appeal from the United States District Court

for the Eastern District of Virginia, at Richmond.

Richard L. Williams, Senior District Judge.

(CR-00-330)

Submitted: August 23, 2001

Decided: September 6, 2001

Before WILKINS and KING, Circuit Judges, and

HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion. 

COUNSEL

J. Paul Gregorio, PAONE & GREGORIO, P.L.L.C., Richmond, Virginia, for Appellant. Nicholas S. Altimari, OFFICE OF THE

UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Lavon Shelton Spence appeals his convictions for armed bank robbery (Count One), use of a firearm in relation to a crime of violence

(Count Two), and possession of a firearm by a convicted felon (Count

Three). Spence received a sentence of 120 months on Counts One and

Three, to run concurrently, and a consecutive 84-month sentence on

Count Two. Spence’s attorney has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Spence has not filed a pro

se supplemental brief, although he was informed of his right to do so.

The sole issue raised on appeal is sufficiency of the evidence. To

sustain Spence’s convictions, the evidence, when viewed in the light

most favorable to the government, must be sufficient for a rational

trier of fact to have found the essential elements of the crime beyond

a reasonable doubt. See Glasser v. United States, 315 U.S. 60, 80

(1942). In making this assessment, the government is entitled to all

reasonable inferences from the facts proven to those sought to be

established. United States v. Tresvant, 677 F.2d 1018, 1021 (4th Cir.

1982). 

Our review of the trial transcript reveals that the evidence was sufficient to convict Spence on all counts. On September 18, 2000, the

Bank of Southside Virginia in Emporia, Virginia, was robbed. Spence

had been a regular customer at the bank. Immediately after the robbery, two tellers who previously had dealt with Spence identified him

as the robber because of his distinctive voice. Shortly after the robbery, officers apprehended Spence in a parking lot. They found some

clothing matching the robber’s clothing in Spence’s vehicle. The

clothing was wet. Spence had fled on foot, and it was raining on the

day of the robbery. Mrs. Driver, the teller whom the robber had

approached with a gun, had given the robber money containing three

marked bills. Officers discovered over $8000 in cash—including the

marked bills—in Spence’s vehicle. Additionally, there was a loaded

derringer hidden under a floor mat of the vehicle. Finally, the parties

stipulated that Spence had previously been convicted of a felony. This

evidence was sufficient to convict Spence on all counts. 

2 UNITED STATES v. SPENCE
Pursuant to Anders, we have reviewed the record for potential error

and have found none. Therefore, we affirm Spence’s convictions.

This court requires counsel to inform his client, in writing, of his right

to petition the Supreme Court of the United States for further review.

If the client requests that a petition be filed, but counsel believes that

such a petition would be frivolous, then counsel may move this court

for leave to withdraw from representation. Counsel’s motion must

state that a copy of the motion was served on the client. 

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

UNITED STATES v. SPENCE 3