United States Fourth Circuit

Defendant's drug conviction is affirmed, where the search warrant's mention of controlled substances and firearms made it sufficiently particular. Sentence is vacated where the District Court failed to consider a variance based on the 100:1 crack to powder cocaine sentencing ratio.

Appellate Information

• Argued 12/05/2008
• Decided 03/23/2009
• Published 03/23/2009

Judges

• Before TRAXLER and AGEE, Circuit Judges, and Rebecca Beach SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Rudolph Alexander Ashton, III, McCotter, Ashton & Smith, P.A., New Bern, North Carolina, for Appellant.  Banumathi Rangarajan, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.