United States Fourth Circuit

Defendant's conviction for possession with the intent to distribute cocaine base is affirmed over his claims of error regarding: 1) denial of a motion to suppress; 2) admission of evidence; 3) and improper expert testimony. However, his sentence is vacated pursuant to the government's claim that the sentence imposed was unreasonable.

Appellate Information

• Argued 12/02/2005
• Decided 02/22/2006
• Published 02/22/2006

Judges

• Before WILKINS, Chief Judge, LUTTIG, Circuit Judge, and WALTER D. KELLEY, JR., United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant/Cross-Appellee.  Hunter P. Smith, Jr., Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee/Cross-Appellant.   ON BRIEF:  Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee/Cross-Appellant.