U.S. v. MARK

No. 90-5338.

943 F.2d 444 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Glen MARK, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1991.

As Amended September 12, 1991.


Attorney(s) appearing for the Case

David Ferris Tamer, Winston-Salem, N.C., argued for defendant-appellant.

Harry L. Hobgood, Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and HALLANAN, U.S. District Judge for the Southern District of West Virginia, sitting by designation.


OPINION

HALLANAN, District Judge:

Defendant-Appellant Glen Mark, Jr., appeals from the district court's admission during his trial of extrinsic act evidence and subsequent determination of relevant conduct drug amounts in calculating a base offense level for sentencing purposes.

I.

On October 31, 1989, a one count indictment was returned against Mark, George Thomas Brincefield, and Michael Vincent Wall charging them with conspiracy to possess...

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