United States Fourth Circuit

Conviction and sentence for conspiracy to distribute cocaine and crack cocaine, possession with intent to distribute crack cocaine within 1,000 feet of a playground, and related firearm convictions, are affirmed over defendant's claims that: 1) the district court committed reversible error by denying his motion for a mistrial and by not providing an immediate curative instruction to the jury after a Government witness violated an in limine agreement; 2) there is insufficient evidence to support his conviction for possession of a firearm with an obliterated serial number; and 3) the district court sentence of 248 months was unreasonable.

Appellate Information

• Decided 02/12/2008
• Published 02/12/2008

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian Joseph Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant.  Stephen Donald Warner, Assistant United States Attorney, Office of the United States Attorney, Elkins, West Virginia, for Appellee.   ON BRIEF:  Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.