United States Fourth Circuit

Defendant's drug and firearm convictions are affirmed where a government expert did not violate the best evidence rule by testifying about where the firearms at issue were manufactured, despite not having been to those locations. Sentence is vacated where the District Court erred by presuming that Defendant's Guidelines sentencing range was reasonable.

Appellate Information

• Argued 03/25/2009
• Decided 05/26/2009
• Published 05/26/2009

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and EUGENE E. SILER, JR., Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.