United States Fourth Circuit

In appeal from conviction and sentence, 1) inculpatory statements by defendant, while he was in the hospital and on medication, were voluntary and made after a valid Miranda waiver, 2) trucks under which explosives were placed were connected to interstate commerce, and 3) fact that a conviction may be "second or subsequent" need not be charged in the indictment or proved beyond a reasonable doubt.

Appellate Information

• Argued 02/27/2002
• Decided 06/05/2002
• Published 06/05/2002

Judges

• Before WILKINSON, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kelly Anne Halligan, Levit, Mann & Halligan, P.C., Ashland, Virginia, for Appellant.  N. George Metcalf, Assistant United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Richmond, Virginia, for Appellee.