United States Fourth Circuit

Convictions and sentences for conspiracy to possess with the intent to distribute and to distribute fifty grams or more of cocaine base, and for various related substantive offenses, are affirmed over claims that: 1) the government, through a statement made during the course of a lengthy rebuttal argument, constructively amended the indictment; 2) the court erred in a response to a question from the jury concerning use of a firearm during the drug conspiracy; 3) the evidence to support several of defendants' convictions was insufficient; and 4) the court erred in failing to properly instruct the jury on drug quantity attributable to each defendant.

Appellate Information

• Decided 11/13/2007
• Published 11/13/2007

Judges

• Before WILKINSON, Circuit Judge, HAMILTON, Senior Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Whelen Biddle, Nathans & Biddle, L.L.P., Baltimore, Maryland;  Arcangelo Michael Tuminelli, Baltimore, Maryland, for Appellants.  Stephanie Agli Gallagher, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Robert H. Waldman, Annapolis, Maryland, for Appellant Michael Lafayette Taylor;  Teresa Whalen, Silver Spring, Maryland, William B. Purpura, Baltimore, Maryland, for Appellant Aaron Demarco Foster.  Rod J. Rosenstein, United States Attorney, Andrea L. Smith, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.