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U.S. v. JOHNSON

Nos. 90-5034, 90-5035.

935 F.2d 47 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Francis JOHNSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Bernard SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1991.

Attorney(s) appearing for the Case

John Zwerling, Zwerling, Mark & Sutherland, P.C., Alexandria, Va., for defendant-appellant Smith.

William B. Moffitt, William B. Moffitt & Associates, argued (Lisa B. Kelmer, William B. Moffitt & Associates, on brief), Alexandria, Va., for defendant-appellant Johnson.

Robert Chesnut, Asst. U.S. Atty., argued (Henry E. Hudson, U.S. Atty., on brief), Alexandria, Va., for plaintiff-appellee.

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

WILKINS, Circuit Judge:

Ricardo Bernard Smith and Michael Francis Johnson appeal their convictions of possession of cocaine with intent to distribute, 21 U.S.C.A. § 841(a)(1) (West 1981), and resulting sentences. Appellants' primary assigned error is that an ex parte presentence conference between their probation officers and the district judge violated their sixth amendment rights to effective assistance of counsel and confrontation of witnesses. We affirm....

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