United States Fourth Circuit

Conviction of defendant for numerous drug trafficking and firearms offenses and a sentence of 50-years' imprisonment are affirmed where: 1) the trial court did not abuse its discretion in denying defendant's motion for a new trial as evidence regarding the unrelated misconduct of a few of the police officers who testified at defendant's trial did not undermine defendant's thoroughly demonstrated guilt; and 2) defendant's attempt to recast his defunct Rule 33 claim in Brady terms is rejected, because the prosecutors did not actually or constructively possess knowledge of the officers' misconduct for Brady purposes and because defendant cannot meet Brady's materiality requirement; and 3) although the jury was erroneously instructed that defendant's drugs-for-firearms trades satisfied the "use or carry" prong of section 924(c), defendant's amply proven conduct nonetheless fall squarely falls within the section's second, "possession" prong.

Appellate Information

• Argued 09/24/2010
• Decided 12/01/2010
• Published 12/01/2010

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Nicole Nicolette Mace, Stanley Duane Ragsdale