United States Fourth Circuit

Conviction of defendant for impersonating an officer or employee of the United States, in violation of 18 U.S.C. section 912, is affirmed where: 1) district court did not abuse its discretion in admitting a sergeant's testimony as lay testimony; 2) sufficient evidence supports the jury's conclusion that defendant "acted as" a federal police officer; and 3) because the instruction did not allow defendant to be convicted of a crime not included in the indictment, the district court did not erroneously amend the indictment in violation of defendant's Fifth Amendment rights.

Appellate Information

• Argued 03/26/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before TRAXLER, Chief Judge, and GREGORY and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:William A. Mitchell, Jr., Brennan, Sullivan & McKenna, LLP, Greenbelt, Maryland, for Appellant. Hollis Raphael Weisman, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF:Timothy J. Sullivan, Brennan, Sullivan & McKenna, LLP, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.