United States Fourth Circuit

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US v. Smith, 11-4336

Defendant's conviction for involuntary manslaughter during the commission of an unlawful act not amounting to a felony is affirmed where: 1) the district court did not commit reversible error in allowing expert testimony concerning generic alcohol metabolization rates; 2) defendant is not entitled to a judgment of acquittal; and 3) the district court did not abuse its discretion in refusing to give defendant's requested jury instruction concerning blood alcohol level extrapolation.

Appellate Information

  • Decided 12/17/2012
  • Published 12/17/2012


  • Diaz


  • United States Fourth Circuit


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