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U.S. v. LAWRENCE

No. 00-4278.

248 F.3d 300 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Desmond Charles LAWRENCE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2001.

Attorney(s) appearing for the Case

ARGUED: Allen Bethea Burnside, Assistant Federal Public Defender, Columbia, South Carolina, for Defendant-Appellant. John Michael Barton, Assistant United States Attorney, Columbia, South Carolina, for Plaintiff-Appellee.

ON BRIEF: J. Rene Josey, United States Attorney, Columbia, South Carolina, for Plaintiff-Appellee.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and Raymond A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded for sentencing by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge JACKSON joined.

OPINION

WILKINSON, Chief Judge:

In this case, we must decide whether Rule 43 of the Federal Rules of Criminal Procedure requires a defendant to be physically present at the imposition of sentence, or whether the rule permits a defendant to appear via video teleconference. On March 22, 2000 the district...

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