Filed: Dec. 06, 2004
Latest Update: Feb. 12, 2020
Summary: Vacated by Supreme Court, April 18, 2005 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4267 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEITH ELLIOTT BYRD, Defendant - Appellant. No. 04-4268 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONITA MICHELLE JONES, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Adrian G. Duplantier, Senior United States District Judge for the
Summary: Vacated by Supreme Court, April 18, 2005 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4267 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEITH ELLIOTT BYRD, Defendant - Appellant. No. 04-4268 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONITA MICHELLE JONES, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Adrian G. Duplantier, Senior United States District Judge for the E..
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Vacated by Supreme Court, April 18, 2005
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4267
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEITH ELLIOTT BYRD,
Defendant - Appellant.
No. 04-4268
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RONITA MICHELLE JONES,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte. Adrian G. Duplantier,
Senior United States District Judge for the Eastern District of
Louisiana, sitting by designation. (CR-02-150)
Submitted: October 25, 2004 Decided: December 6, 2004
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Daniel J. Clifton, John G. Plumides, PLUMIDES LAW OFFICE,
Charlotte, North Carolina; D. Baker McIntyre, III, Charlotte, North
Carolina, for Appellants. Gretchen C. F. Shappert, United States
Attorney, Kimlani S. Murray, Assistant United States Attorney,
Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Keith Elliott Byrd and Ronita Michelle Jones appeal from
their convictions and sentences for conspiracy to distribute
cocaine and cocaine base, in violation of 21 U.S.C. §§ 841, 846
(2000), and importation of cocaine, in violation of 21 U.S.C.
§§ 952, 960 (2000). Finding no error, we affirm.
Byrd and Jones each challenge, as their sole claim on
appeal, the district court’s interrogation of witnesses at trial.
A district court’s participation in the interrogation of a witness
pursuant to Fed. R. Evid. 614 is reviewed for an abuse of
discretion. United States v. Parodi,
703 F.2d 768 (4th Cir. 1983).
Assuming that this claim was preserved by Appellants, we find no
abuse of discretion. A district court may call witnesses,
interrogate them, or cross-examine them. Fed. R. Evid. 614(a),
(b). Indeed, the court has an obligation to do so “for the
ascertainment of the truth” or to “avoid needless consumption of
time.” Fed. R. Evid. 611(a). The district court became involved
in the interrogation of the witnesses at issue only after the
witnesses’ evasive answers and a series of frivolous objections by
defense counsel had halted the progress of the proceedings. Under
these circumstances we find no error.
Accordingly, we affirm the judgments of the district
court. We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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