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U.S. v. SUMMERS

No. 06-5009.

666 F.3d 192 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Tyrelle SUMMERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 16, 2011.

Attorney(s) appearing for the Case

ARGUED: Lauren Elizabeth Case , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Sujit Raman , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Denise C. Barrett , Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Bryan M. Giblin , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge SHEDD joined. Judge FLOYD wrote an opinion concurring in the judgment.

OPINION

KING, Circuit Judge:

Kevin Tyrelle Summers appeals his drug trafficking and firearm convictions, entered in the District of Maryland in accordance with the jury's verdict. Summers contends that the district court erroneously admitted into evidence a jacket recovered from the vicinity of his arrest. He asserts further that the court compounded its error by declining to exclude, on Confrontation Clause grounds, expert evidence concerning DNA testing...

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