U.S. v. ROE

No. 08-5203.

606 F.3d 180 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. John Alvin ROE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 2010.


Attorney(s) appearing for the Case

ARGUED: William A. Mitchell, Jr., Brennan, Sullivan & McKenna, LLP, Greenbelt, Maryland, for Appellant. Hollis Raphael Weisman, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Timothy J. Sullivan, Brennan, Sullivan & McKenna, LLP, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge GREGORY wrote a dissenting opinion.


OPINION

AGEE, Circuit Judge:

John Alvin Roe was convicted of one count of impersonating an officer or employee of the United States, in violation of 18 U.S.C. § 912. On appeal, Roe contends the district court erred in the admission of certain testimony, in determining the sufficiency of the evidence, and in the giving of one instruction to the jury. Finding no error, we affirm the judgment of the district court.

I.

In April 2008, a...

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