U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Convictions in Felonious Firearm Possession and Impersonating an Officer Cases Affirmed

In US v. Lewis, No. 09-4343, the Fourth Circuit faced a challenge to a conviction of defendant for unlawful possession of a firearm by a convicted felon.  In affirming the conviction, the court held that the district court did not err when it denied defendant's motion to suppress, as well as in applying the 2005 guidelines in effect at the time of defendant's offense, in determining that the application of the amended 2008 guidelines would contravene the Ex Post Facto Clause.   

US v. Roe, No. 08-5203, concerned a conviction of defendant for impersonating an officer or employee of the United States, in violation of 18 U.S.C. section 912.  First, the court held that the district court did not abuse its discretion in admitting a sergeant's testimony as lay testimony.  Second, the court determined that sufficient evidence supports the jury's conclusion that defendant "acted as" a federal police officer.  Lastly, because the instruction did not allow defendant to be convicted of a crime not included in the indictment, the district court did not erroneously amend the indictment in violation of defendant's Fifth Amendment rights.    

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