U.S. v. SMITH

No. 07-5123.

566 F.3d 410 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Cordell Lester SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 2009.


Attorney(s) appearing for the Case

ARGUED: Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed in part; vacated and remanded in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Senior Judge SILER joined.


OPINION

NIEMEYER, Circuit Judge:

Cordell Smith was convicted of drug trafficking and firearms offenses, and the district court sentenced him to 197 months' imprisonment. On appeal, Smith contends (1) that the district court erroneously allowed a government witness to testify, in violation of the "best evidence rule," Federal Rule of Evidence 1002, about the place where the firearms were manufactured in order to demonstrate that they traveled in interstate...

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