US v. Johnson, No. 06-4391 - U.S. Fourth Circuit
U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

US v. Johnson, No. 06-4391

Defendants' convictions for conspiracy and other crimes related to narcotic distribution is affirmed where: 1) district court did not abuse its discretion in denying a mistrial when a government witness took the witness stand and refused to testify; 2) prosecutor did not commit improper vouching of witness; 3) a defendant's claim that the evidence was insufficient to support her conviction is without merit; 4) there is no Confrontation Clause violation where expert witnesses present their own independent judgments, rather than merely transmitting testimonial hearsay, and are then subject to cross-examination; 5) any error in admitting a defendant's prior conviction for armed robbery for impeachment purposes was harmless, assuming that the district court erred in admitting the convictions; 6) sentence of a defendant is procedurally and substantively reasonable; and 7) a defendant's request to remand his case for resentencing in light of Amendment 706 to the Sentencing Guidelines is denied.   

 Read US v. Johnson, No. 06-4391  

Appellate Information

Argued: September 24, 2009

Decided: December 2, 2009

Judges

Opinion by District Judge Wilkinson

Counsel

For Appellant:  Gregory Bruce English, English & Smith; Daniel H. Ginsburg, Bennett & Bair, LLC; Jason E. Silverstein, Roland Walker & Mark Zayon

For Appellee:  Deborah A. Johnston, Office of the United States Attorney