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UNITED STATES v. MILLER

No. 22-4397.

61 F.4th 426 (2023)

UNITED STATES of America, Plaintiff-Appellant, v. Darrin Alonzo MILLER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 6, 2023.

Attorney(s) appearing for the Case

ARGUED: Jennifer Rada Herrald , OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellant. Wesley P. Page , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellee. ON BRIEF: William S. Thompson , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellant. Jonathan D. Byrne , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Agee wrote the opinion in which Judge Quattlebaum and Judge Rushing joined.

Prior to Darrin Miller's criminal trial for transferring obscene material to a minor, the district court relied on Federal Rule of Evidence 403 to exclude evidence that the recipient of the allegedly obscene material was Miller's fourteen-year-old sister. The Government appeals, asserting that the court abused its discretion...

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