Académique Documents
Professionnel Documents
Culture Documents
No. 10-4147
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:09-cr-00067-JPB-DJJ-1)
Submitted:
Decided:
April 5, 2011
PER CURIAM:
Erwin
Bernard
Redding
appeals
his
convictions
and
base,
in
violation
of
21
U.S.C.
841(a)(1),
Redding claims
the district court erred in: (1) denying his motion for judgment
of
acquittal
because
on
that
both
juror
counts;
was
(2)
failing
current
to
excuse
corrections
juror
officer;
to
the
two
incidents
with
which
Redding
was
charged
two-level
reduction
U.S.
under
Sentencing
Guidelines
court
reviews
the
district
We affirm.
courts
denial
v.
Kingrea,
573
F.3d
186,
194
(4th
Cir.
of
United
2009).
Cir.
viewing
1997).
the
prosecution,
evidence.
evidence
the
jury
in
verdict
verdict
must
be
light
most
favorable
the
is
supported
by
sustained
to
if,
the
substantial
the
credibility
of
the
evidence
and
resolves
any
Reversal for
conclude
that
the
evidence
was
sufficient
to
sustain
209
(4th
Cir.
1999)
(discussing
the
elements
of
distribution).
Next, Redding contends that the district court erred
in denying his motion to strike a juror for cause because the
juror was employed as a corrections officer at the time of the
trial.
fair and impartial and decide the case on the facts and law
presented.
Cir. 1995).
applying
only
to
extreme
situations
where
the
117
Our
(4th
Cir.
2004).
review
of
the
record
reveals
no
Therefore,
we
conclude
the
district
court
did
not
testimony,
without
limiting
jury
instruction,
of
crack cocaine purchases from him prior to the two incidents with
which he was charged.
acts
testimony
governed
by
Fed.
R.
Evid.
404(b),
therefore
that the testimony was not Rule 404(b) evidence but was instead
intrinsic evidence.
The Rule 404(b) inquiry applies only to evidence of
other acts that are extrinsic to the one charged.
States
v.
Chin,
83
F.3d
83,
87
(4th
Cir.
1996).
United
[A]cts
Id. at 87-88.
Evidence
acts
are
when
they
are
inextricably
the
other
charged.
acts
(internal
were
necessary
quotation
preliminaries
marks
to
omitted)).
the
crime
Evidence
is
(4th
We
Cir.
2007).
conclude
that
the
district
court
was
The witnesss
responsibility.
This
court
reviews
the
district
courts
acceptance
of
responsibility,
the
defendant
must
prove
by
sentencing
judge
is
in
unique
position
to
For this
remorse.
This
court
has
recognized
limited
Elliott v. United States, 332 F.3d 753, 765 (4th Cir. 1993)
(internal quotation marks omitted).
This
circumstances.
case
does
not
present
one
government
those
unique
of
to
its
burden
of
proof
went
to
trial
[i]t
in
the
abandoned.
is
well
argument
settled
section
rule
of
that
the
contentions
opening
brief
not
are
are
adequately
7
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED