United States Fourth Circuit

Conviction and sentence for second-degree murder are affirmed, where: 1) statements made by the victim, the defendant's eight-year-old stepson, to a social worker about prior acts of abuse were nontestimonial, so their admission did not violate the defendant's Sixth Amendment Confrontation Clause rights; 2) several hearsay rulings were proper; 3) the district court did not abuse its discretion by limiting the scope of a defense expert witness's testimony on redirect; 4) evidence that the defendant relied heavily on corporal punishment was properly admitted under Federal Rule of Evidence 404(b); and 5) under 18 USC section 3559(f), the age of the victim is a sentencing factor that the district court properly determined based on a preponderance of the evidence.

Appellate Information

• Decided 05/15/2012
• Published 05/15/2012

Judges

• Diaz

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Paresh S. Patel, Paul Michael Cunningham