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U.S. v. ELLIS

Nos. 90-5726, 91-5771.

951 F.2d 580 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. William T. ELLIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. William T. ELLIS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 1991.

As Amended January 7, 1992.

Attorney(s) appearing for the Case

Franklin Dorrah Cleckley, Morgantown, W.Va., argued (Phillip D. Gaujot, Charleston, W.Va., on the brief), for defendant-appellant.

Joseph F. Savage, Jr., Asst. U.S. Atty., Huntington, W.Va., argued (Michael W. Carey, U.S. Atty., Huntington, W.Va., on the brief), for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and PHILLIPS and NIEMEYER, Circuit Judges.

OPINION

POWELL, Associate Justice:

The principal questions presented in this appeal are whether the district court erred in admitting hearsay statements of a deceased witness, in allowing discovery of the Appellant's personal notes, and in calculating the Appellant's sentence. For reasons that follow, we affirm the Appellant's conviction and his sentence.

I

Appellant William Ellis was a 20% limited...

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