United States Fourth Circuit

Conviction and sentence for being a felon in possession of a firearm are affirmed where: 1) a key witness's identification of defendant as one of the robbers was reliable, even though the police showed the witness a photo array that was impermissibly suggestive; 2) there was no error when the jury was not given a special verdict form that would have allowed it to indicate whether it reached unanimous agreement on the specific gun or guns possessed by defendant; 3) the evidence was sufficient to support defendant's conviction on the 18 U.S.C. section 922(g)(1) gun charge; and 4) the evidence was sufficient to support the four-level sentencing enhancement based on petitioner's use of a firearm in connection with another felony offense.

Appellate Information

• Argued 05/25/2007
• Decided 09/11/2007
• Published 09/11/2007

Judges

• Before MICHAEL and DUNCAN, Circuit Judges, and FRANK D. WHITNEY, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sarah S. Gannett, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.  Paul M. Tiao, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, John H. Chun, Assistant Federal Public Defender, Lauren E. Case, Staff Attorney, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.