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U.S. v. MORROW

No. 90-5336.

925 F.2d 779 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Carrol Lee MORROW, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Harold J. Bender, Bender & Matus, Charlotte, N.C., for defendant-appellant.

Gretchen Shappert, Asst. U.S. Atty., argued (Thomas J. Ashcraft, U.S. Atty., Frank D. Whitney, Robert J. Conrad, Jr., Asst. U.S. Attys., Charlotte, N.C., on brief), for plaintiff-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and COPENHAVER, United States District Judge for the Southern District of West Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

Carrol Lee Morrow appeals his conviction and the sentence he received for violation of 18 U.S.C. § 922(g)(1), possession of a firearm by a convicted felon. He asserts (1) that the trial judge denied him a fair trial by questioning two law enforcement officers so as to strengthen their in-court identification of him, (2) that the trial judge erred by failing to dismiss the indictment because of a variance between the proof at trial and...

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