United States v. Smith, 4th Cir. (2005)
United States v. Smith, 4th Cir. (2005)
No. 04-4420
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr.,
District Judge. (CR-03-39)
Submitted:
Decided:
PER CURIAM:
Daryl W. Smith appeals his convictions and 360-month
sentence for possession with intent to distribute five or more
grams of cocaine base, conspiracy to distribute fifty or more grams
of cocaine base, and aiding and abetting the distribution of
cocaine base within 1000 feet of a playground.
Finding no error in
1997).
discretion.
The court
voir dired each juror individually and determined each was willing
to consider all of the evidence fairly and impartially.
Finally,
the court dismissed the offending juror before allowing the jury to
- 2 -
return to deliberations.
error.1
Smith next claims the district court erred by refusing to
allow him to impeach a Government witness with a fourteen year old
bribery conviction.
than ten years old except where the probative value of such a
conviction substantially outweighs its prejudicial value.
Evid. 609(b).
Fed. R.
confront
witnesses
by
the
district
courts
ruling
that
Smith
asserts the material falls within the scope of the Jencks Act, 18
U.S.C. 3500 (2000).
(4th Cir. 1996); United States v. Hinton, 719 F.2d 711, 722 (4th
Cir.
1983).
Furthermore,
Smith
the
court
concedes
did
not
no
err
such
in
adoption
precluding
was
made.
Smith
from
Smith
claims
that
the
district
courts
Ct. 738 (2005); United States v. Hughes, 401 F.3d 540 (4th Cir.
2005).
We affirm
Smiths convictions.
facts
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED IN PART,
VACATED IN PART, AND REMANDED