United States Fourth Circuit

Conviction for knowingly and intentionally distributing heroin which resulted in death, in violation of 21 U.S.C. sections 841(a)(1) and 841(b)(1)(C), is affirmed where: 1) the jury's verdict was consistent with the but-for causation standard of Burrage v. U.S., 134 S. Ct. 881 (2014); 2) the district court did not err by failing to instruct the jury on the foreseeability of death; and 3) the admission of the victim’s statement that he purchased heroin from defendant was harmless and not testimonial.

Appellate Information

• Published 2016/03/07

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel