United States Fourth Circuit
U.S. v. Smith, 03-4829, 03-4878, 04-4117
Convictions in a drug conspiracy case are affirmed over numerous procedural, constitutional and evidentiary arguments by the defendants where the arguments lacked merit. Related sentences are upheld over Booker challenges where there was no plain error in the trial judge's decision to impose sentences that exceeded the maximum authorized by the jury alone.
Appellate Information
- Decided 03/21/2006
- Published 03/21/2006
Judges
- Before WILKINS, Chief Judge, LUTTIG, Circuit Judge, and JAMES C. DEVER, III, United States District Judge for the Eastern District of North Carolina, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Kevin Michael Schad, Schad & Schad, Lebanon, Ohio; Jesse Edgar Demps, Portsmouth, Virginia; Andrew Michael Sacks, Sacks & Sacks, Norfolk, Virginia, for Appellants. Laura Marie Everhart, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Craig W. Sampson, Richmond, Virginia, for Appellant, Karl E. Moore, Sr. PaulJ. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Norfolk, Virginia, for Appellee.