United States Fourth Circuit

Conviction for being a felon in possession of a firearm, and prison sentence imposed under the Armed Career Criminal Act, is affirmed over clams that the district court erred by: 1) conditioning the admission of an evidentiary demonstration defendant wished to perform on his willingness to testify; and 2) making findings of fact with regard to his criminal history for purposes of sentencing.

Appellate Information

• Argued 05/26/2006
• Decided 08/21/2006
• Published 08/21/2006

Judges

• Before WILKINSON and WILLIAMS, Circuit Judges, and CONRAD, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin Gregory Bahl, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.  A. David Copperthite, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.