United States v. Ernest Bynum, Jr., 3 F.3d 769 (4th Cir. 1993). · Go Syfert
United States v. Ernest Bynum, Jr., 3 F.3d 769 (4th Cir. 1993). Cases Citing This Book View Copy Cite
157 citation events (26 in the last 25 years) across 19 distinct courts.
Strongest positive: Steven Emanuel Parson v. Commonwealth of Virginia (vactapp, 2022-03-22)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Steven Emanuel Parson v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“Courts are justifiably leery of post-[conviction] statements by codefendants purporting to exonerate a cohort.” Knight v. Commonwealth, 71 Va. App. 492 , 509 (2020) (quoting United States v. Bynum, 3 F.3d 769, 773 (4th Cir. 1993)).
cited Cited as authority (rule) Kevin Lamont Knight, a/k/a Suge Knight v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
“Courts are justifiably leery of post-trial statements by codefendants purporting to exonerate a cohort.” United States v. Bynum, 3 F.3d 769, 773 (4th Cir. 1993).
discussed Cited as authority (rule) Melissa Dromgoole v. State
Tex. App. · 2015 · confidence medium
See Combs v. State, 6 S.W.3d 319, 322 (Tex. App.-Houston [14th Dist.] 1999, no pet.); Jones v. State, 716 S.W.2d 142, 147 (Tex. App.-Austin 1986, pet. ref'd); Wright v. State, 853 S.W.2d 154, 155 (Tex. App.-Corpus Christi 1993, pet. ref'd); United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993); Bolieu v. State, 779 S.W.2d 489, 490 (Tex.App.-Austin 1989, no pet.).
cited Cited as authority (rule) United States v. Howard Blue
4th Cir. · 2013 · confidence medium
See United States v. Perkins, 108 F.3d 512, 518 (4th Cir.1997); United States v. Jones, 18 F.3d 1145, 1151 (4th Cir.1994); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993).
discussed Cited as authority (rule) United States v. Moore
7th Cir. · 2011 · confidence medium
See Lawrence, 951 F.2d at 755 (based on the risks associated with crack, including its “highly addictive nature ..., its growing availability, and [its] relatively low cost,” concluding that the 100-to-l ratio was rationally related to Congress’s purpose of combating the drug’s effects); United States v. Stevens, 19 F.3d 93, 97 (2d Cir.1994) (“the greater accessibility and addictiveness of crack” provides a rational basis for the crack-powder disparity); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993) (“the 100-to-l ratio ... is rationally related to a legitimate governmen…
discussed Cited as authority (rule) United States v. Ruhbayan
E.D. Va. · 2004 · confidence medium
Generally, “[a] cross-examiner may inquire into specific incidents of conduct, but does so at the peril of not being able to rebut the witness’ denials.” United States v. Bynum, *661 3 F.3d 769, 772 (4th Cir.1993).
discussed Cited as authority (rule) United States v. Hill
4th Cir. · 2003 · confidence medium
As this court has stated, "[t]he purpose of [Rule 608(b)] is to prohibit things from getting too far afield—to prevent the proverbial trial within a trial." United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993).
discussed Cited as authority (rule) United States v. Donn L. Hill, Jr., United States of America v. Donn L. Hill, Jr. (2×)
4th Cir. · 2003 · confidence medium
As this court has stated, “[t]he purpose of [Rule 608(b) ] is to prohibit things from getting too far afield — to prevent the proverbial trial within a trial.” United States v. Bynum, 3 F.3d 769, 772 (4th Cir.1993).
discussed Cited as authority (rule) Evans v. Smith
4th Cir. · 2000 · confidence medium
See, e.g., Batson, 476 U.S. at 98 n.21; Hernandez, 500 U.S. at 364 (plurality opinion); see also Matthews v. Evatt, 105 F.3d 907, 917 (4th Cir. 1997) (trial court's Batson findings "turn largely on credibility deter- minations" and are thus entitled to deference); United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993) (trial court is in best position to enforce Batson's requirements because trial court can evaluate the prosecutor's candor in offering reasons for challenges).
discussed Cited as authority (rule) Vernon Lee Evans, Jr. v. Willie Smith, Warden, United States Penitentiary, Atlanta J. Joseph Curran, Jr., Attorney General of the State of Maryland
4th Cir. · 2000 · confidence medium
See, e.g., Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Hernandez, 500 U.S. at 364 , 111 S.Ct. 1859 (plurality opinion); see also Matthews v. Evatt, 105 F.3d 907, 917 (4th Cir.1997) (trial court’s Batson findings “turn largely on credibility determinations” and are thus entitled to deference); United States v. Bynum, 3 F.3d 769, 772 (4th Cir.1993) (trial court is in best position to enforce Batson’s requirements because trial court can evaluate the prosecutor’s candor in offering reasons for challenges).
discussed Cited as authority (rule) United States v. Kermit Brown
4th Cir. · 2000 · confidence medium
See Grimmond, 137 F.3d at 834 (upholding strike based upon the venireperson's age); Mat- thews v. Evatt, 105 F.3d 907 , 918 (4th Cir. 1997) (rejecting Batson challenge even though the proffered reason -- equivocation about the venireperson's ability to impose the death penalty-- was shared by other venirepersons and even though all of the prosecutor's strikes were used on black persons); United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993) (affirming district court's rejection of Batson chal- lenge where the prosecutor's explanations were that a venireperson had the same last name as someon…
cited Cited as authority (rule) Combs v. State
Tex. App. · 1999 · confidence medium
See Wright v. State, 853 S.W.2d 154, 155 (Tex.App.-Corpus Christi 1993, pet. ref'd); Jones, 716 S.W.2d at 145-152 ; United States v. Bynum, 3 F.3d 769, 772 (4 th Cir.1993).
discussed Cited as authority (rule) United States v. Howell
4th Cir. · 1998 · confidence medium
The purpose of this rule is to "prohibit things from getting too far afield--to prevent the proverbial trial within a trial." United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993), cert. denied, 510 U.S. 1143 (1994).
discussed Cited as authority (rule) United States v. Eubanks
4th Cir. · 1998 · confidence medium
Eubanks has offered no reason to find the court's decision denying his Batson challenge clearly erroneous.1See United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993) (court's factual findings in denying a Batson chal- lenge reviewed for clear error).
discussed Cited as authority (rule) United States v. Hunter
4th Cir. · 1998 · confidence medium
See United States v. Banks, 130 F.3d 621, 626 (4th Cir. 1997) (regarding rational basis), cert. denied, ___ U.S. #6D6D 6D#, 66 U.S.L.W. 3655 (U.S., Apr. 6, 1998) (No. 97-8221); United States v. Hayden, 85 F.3d 153, 157-58 (4th Cir. 1996) (same); United States v. Johnson , 54 F.3d 1150, 1163 (4th Cir. 1995) (noting increased penalty not racially discriminatory); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir. 1994) (rejecting argument based on equal protection); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993) (same).
discussed Cited as authority (rule) United States v. Moore
4th Cir. · 1998 · confidence medium
While acknowledging this court’s prior decisions holding that the disparity in sentencing between cocaine base and powder cocaine offenses is constitutionally permissible,* Moore argues that this court has never addressed the specific is- * See United States v. Perkins, 108 F.3d 512, 518 (4th Cir. 1997); United States v. Hayden, 85 F.3d 153, 157-58 (4th Cir. 1996); United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir. 1995); United States v. D’Anjou, 16 F.3d 604, 612 (4th Cir. 1994); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993); United States v. Thomas, 900 F.2d 37, 38-40 (4t…
discussed Cited as authority (rule) Black v. Rhone-Poulenc, Inc. (2×)
S.D.W. Va · 1998 · confidence medium
In addition, this circuit has taken the position that the Daubert court “was not formulating a rigid test or checklist,” and was “relying instead on the ability of federal judges to properly determine admissibility.” Id. (footnotes omitted)(quoted authority omitted); see also Cavallo v. Star Enter., 100 F.3d 1150 , 1153-54 (4th Cir.1996)(rejecting a stricter standard of review from a sister circuit); 11 Benedi v. McNeil-P.P.C., Inc., 66 F.3d 1378, 1383-85 (4th Cir.1995); United States v. Dorsey, 45 F.3d 809, 814 (4th Cir.1995); United States v. Powers, 59 F.3d 1460, 1471 (4th Cir.1995)…
discussed Cited as authority (rule) United States v. Matata (2×) also: Cited "see"
4th Cir. · 1998 · confidence medium
Evid. 608(b); United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993).
cited Cited as authority (rule) United States v. Crenshaw
4th Cir. · 1998 · confidence medium
Evid. 608(b), 609; United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993).
cited Cited as authority (rule) United States v. Jones
4th Cir. · 1997 · confidence medium
United States v. Bynum, 3 F.3d 769, 773 (4th Cir. 1993).
cited Cited as authority (rule) United States v. Shirley Jones, United States of America v. Sheila Jones, United States of America v. Ella Jones
4th Cir. · 1997 · confidence medium
United States v. Bynum, 3 F.3d 769, 773 (4th Cir.1993).
discussed Cited as authority (rule) United States v. Wright
4th Cir. · 1997 · confidence medium
United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, ___ U.S. ___, 64 U.S.L.W. 3720 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. Byrnum, 3 F.3d 769, 774-75 (4th Cir. 1993); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Keith Neal Wright, A/K/A Jazz, A/K/A Jermone Farrow
4th Cir. · 1997 · confidence medium
United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, --- U.S. ----, 64 U.S.L.W. 3720 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. Byrnum, 3 F.3d 769, 774-75 (4th Cir.1993); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Jones
4th Cir. · 1997 · confidence medium
United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, ___ U.S. ___, 64 U.S.L.W. 3720 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. Byrnum, 3 F.3d 769, 774-75 (4th Cir. 1993); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Bandele M. Jones, A/K/A Dele, A/K/A Bandele D. Jones, A/K/A Bandele Monchun Jones
4th Cir. · 1997 · confidence medium
United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, --- U.S. ---, 64 U.S.L.W. 3720 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. Byrnum, 3 F.3d 769, 774-75 (4th Cir.1993); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Wayne McDougall A/K/A Jamal, A/K/A Winthrop McDougall
4th Cir. · 1996 · confidence medium
AFFIRMED * United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, --- U.S. ----, 64 U.S.L.W. 3270 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, --- U.S. ----, 62 U.S.L.W. 3861 (U.S. June 27, 1994) (No. 93-9131); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, 510 U.S. 1132 (1994); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir.1990)
discussed Cited as authority (rule) United States v. McDougall
4th Cir. · 1996 · confidence medium
AFFIRMED _________________________________________________________________ *United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, ___ U.S. ___, 64 U.S.L.W. 3270 (U.S. Oct. 10, 1995) (No. 95-5923); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, ___ U.S. ___, 62 U.S.L.W. 3861 (U.S. June 27, 1994) (No. 93-9131); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993), cert. denied, 510 U.S. 1132 (1994); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir. 1990). 2
cited Cited as authority (rule) United States v. Michael Dwayne Via
4th Cir. · 1996 · confidence medium
United States v. Bynum, 3 F.3d 769, 772 (4th Cir.1993), cert. denied, 510 U.S. 1132 (1994).
cited Cited as authority (rule) United States v. Via
4th Cir. · 1996 · confidence medium
United States v. Bynum, 3 F.3d 769, 772 (4th Cir. 1993), cert. denied, 510 U.S. 1132 (1994).
discussed Cited as authority (rule) United States v. Burgos (2×) also: Cited "see, e.g."
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Fisher, 58 F.3d 96, 99-100 (4th Cir.) (sentencing disparity under § 841(b)(1)(A) does not violate the Equal Protection Clause), cert. denied, 116 S. Ct. 329 (1995); United States v. Jones, 18 F.3d 1145, 1151 (4th Cir. 1994) (sentencing disparity under the Sentencing Guidelines does not vio- late the Equal Protection Clause); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.) (same), cert. denied, 114 S. Ct. 2754 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir. 1993) (same), cert. denied, 114 S. Ct. 1105 (1994); United States v. Thomas, 900 F.2d 37, 39-4…
discussed Cited as authority (rule) United States v. Mudie
4th Cir. · 1996 · confidence medium
Although a district court's grant of a new trial generally is reviewed for abuse of discretion, United States v. Bynum , 3 F.3d 769, 773 (4th Cir. 1993), cert. denied, 114 S. Ct. 1105 (1994), purely legal determi- nations are reviewed de novo, Waters v. Gaston County, 57 F.3d 422, 425 (4th Cir. 1995).
discussed Cited as authority (rule) United States v. Omar A. Mudie
4th Cir. · 1996 · confidence medium
Although a district court's grant of a new trial generally is reviewed for abuse of discretion, United States v. Bynum, 3 F.3d 769, 773 (4th Cir.1993), cert. denied, 114 S.Ct. 1105 (1994), purely legal determinations are reviewed de novo, Waters v. Gaston County, 57 F.3d 422, 425 (4th Cir.1995).
cited Cited as authority (rule) United States v. Maples, K.
10th Cir. · 1996 · confidence medium
See Canales, 91 F.3d 363, 369-70 ; United States v. Bynum, 3 F.3d 769, 775 (4th Cir.1993), cert. denied, 510 U.S. 1132 , 114 S.Ct. 1105 , 127 L.Ed.2d 416 (1994).
examined Cited as authority (rule) United States v. Frank Kahled Burgos, United States of America v. Alexio Burnard Gobern (4×) also: Cited "see, e.g."
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Fisher, 58 F.3d 96, 99-100 (4th Cir.) (sentencing disparity under § 841(b)(1)(A) does not violate the Equal Protection Clause), cert. denied, --- U.S. ----, 116 S.Ct. 329 , 133 L.Ed.2d 229 (1995); United States v. Jones, 18 F.3d 1145, 1151 (4th Cir.1994) (sentencing disparity under the Sentencing Guidelines does not violate the Equal Protection Clause); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.) (same), cert. denied, 512 U.S. 1242 , 114 S.Ct. 2754 , 129 L.Ed.2d 871 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993) (same), cert. denied, 510 U…
discussed Cited as authority (rule) United States v. Charles Quincy Ward
4th Cir. · 1996 · confidence medium
In this case, the district court clearly wished to impose a lower sentence than that required under the guidelines, but found that a departure was precluded by United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, --- U.S. ----, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295).
discussed Cited as authority (rule) United States v. Ward
4th Cir. · 1996 · confidence medium
In this case, the district court clearly wished to impose a lower sentence than that required under the guidelines, but found that a departure was pre- cluded by United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993), cert. denied, ___ U.S. ___, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295).
discussed Cited as authority (rule) United States v. Franklin Glover
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, 64 U.S.L.W. 3270 (U.S. Oct. 10, 1995) (No. 95-5923) (vagueness, equal protection); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295) (disparate impact); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir.1990) (Eighth Amendment and equal protection); see also United States v. Hayden, --- F.3d ----, 1996 WL 287799, at * 3 (4th Cir. May 31, 1996) (holding that proposed amendment does not alter prior decisions). 3 On appeal, Glover argues th…
discussed Cited as authority (rule) United States v. Glover
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Fisher, 58 F.3d 96, 98-100 (4th Cir.), cert. denied, 64 U.S.L.W. 3270 (U.S. Oct. 10, 1995) (No. 95-5923) (vague- ness, equal protection); United States v. Bynum , 3 F.3d 769, 774-75 (4th Cir. 1993), cert. denied, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295) (disparate impact); United States v. Thomas, 900 F.2d 37, 38-40 (4th Cir. 1990) (Eighth Amendment and equal protection); see also United States v. Hayden, ___ F.3d ___, 1996 WL 287799, at *3 (4th Cir. May 31, 1996) (holding that proposed amendment does not alter prior decisions).
discussed Cited as authority (rule) United States v. Melvin A. Ford, United States of America v. Cynthia Evette Brown, United States of America v. Carlos Edwin McGill United States of America v. Michael Dewayne Short, United States of America v. Eric S. Brown, United States of America v. Norman O'Neal Brown, United States of America v. Walter Trevaughn Smith, United States of America v. Jeffrey Andrew Reid, A/K/A U.S., United States of America v. Roderick Brown, United States of America v. Hassan Lafiek Smith, United States of America v. Robert Antonio Williams, A/K/A John Doe, A/K/A Gibby, United States of America v. Michael Steven Smith, A/K/A Black Mike, A/K/A Smitty
4th Cir. · 1996 · confidence medium
United States v. Fisher, 58 F.3d 96, 99-100 (4th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 329 , 133 L.Ed.2d 229 (1995); United States v. Jones, 18 F.3d 1145, 1151 (4th Cir.1994); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 2754 , 129 L.Ed.2d 871 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993), cert. denied, --- U.S. ----, 114 S.Ct. 1105 , 127 L.Ed.2d 416 (1994).
discussed Cited as authority (rule) United States v. Ford
4th Cir. · 1996 · confidence medium
United States v. Fisher, 58 F.3d 96, 99-100 (4th Cir.), cert. denied, — U.S. -, 116 S.Ct. 329 , 133 L.Ed.2d 229 (1995); United States v. Jones, 18 F.3d 1145, 1151 (4th Cir.1994); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, — U.S. -, 114 S.Ct. 2754 , 129 L.Ed.2d 871 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1105 , 127 L.Ed.2d 416 (1994).
discussed Cited as authority (rule) United States v. Pattimus Jones, A/K/A Pattimus, A/K/A Pacman, A/K/A Buddy Jones
4th Cir. · 1996 · confidence medium
See United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, 114 S.Ct. 2754 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993), cert. denied, 114 S.Ct. 1105 (1994); United States v. Thomas, 900 F.2d 37, 39-40 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Jones
4th Cir. · 1996 · confidence medium
See United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, 114 S.Ct 2754 (1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir. 1993), cert. denied, 114 S.Ct 1105 (1994); United States v. Thomas , 900 F.2d 37, 39-40 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Paul Christopher Davis, United States of America v. Paul Christopher Davis
4th Cir. · 1996 · confidence medium
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. 8 AFFIRMED. 1 21 U.S.C. § 841 (a)(1) & (b)(1) (1988) 2 United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, --- U.S. ----, 62 U.S.L.W. 3861 (U.S. June 27, 1994) (No. 93-9131); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, --- U.S. ----, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295); United States v. Thomas, 900 F.2d 37, 39-40 (4th Cir.1990) 3 Florida v. Jimeno, 500 U…
discussed Cited as authority (rule) United States v. Davis
4th Cir. · 1996 · confidence medium
Further, we find no reversible error; thus we affirm Davis's convic- tion and sentence. _________________________________________________________________ 1 21 U.S.C. § 841 (a)(1) & (b)(1) (1988). 2 United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, ___ U.S. ___, 62 U.S.L.W. 3861 (U.S. June 27, 1994) (No. 93-9131); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993), cert. denied, ___ U.S. ___, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295); United States v. Thomas, 900 F.2d 37, 39-40 (4th Cir. 1990). 2 A North Carolina state trooper stopped Davis for speeding on …
discussed Cited as authority (rule) Joiner v. General Electric Company (2×)
11th Cir. · 1996 · confidence medium
A decision to allow expert testimony is within the broad discretion of the trial judge and is to be sustained ... unless manifestly erroneous.”) (internal quotations omitted); Cook v. American Steamship Co., 53 F.3d 733, 738 (6th Cir.1995) ("[Wjhether the proffered expert opinion 'will assist the trier of fact to understand the evidence or to determine a fact in issue,' is a relevancy determination and therefore one we review for abuse of discretion.”); United States v. Dorsey, 45 F.3d 809, 814 (4th Cir.1995) ("[Ejven under the Daubert analysis, a trial judge has a great deal of discretion…
discussed Cited as authority (rule) United States v. Green
4th Cir. · 1996 · confidence medium
The district court declined to depart, finding that a departure was precluded by United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir. 1993), cert. denied , ___ U.S. ___, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295), which held that the disparate impact of the crack sentencing scheme was not foreseen by the Sentencing Commission but was not a proper basis for a depar- ture.
discussed Cited as authority (rule) United States v. Derrick Green
4th Cir. · 1996 · confidence medium
The district court declined to depart, finding that a departure was precluded by United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, --- U.S. ----, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295), which held that the disparate impact of the crack sentencing scheme was not foreseen by the Sentencing Commission but was not a proper basis for a departure.
discussed Cited as authority (rule) United States v. Terrell Scott Booker
7th Cir. · 1996 · confidence medium
See United States v. Alton, 60 F.3d 1065, 1070-1 (3d Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 576 , 133 L.Ed.2d 500 (1995) (collecting cases); United States v. Maxwell, 25 F.3d 1389, 1400-01 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 610 , 130 L.Ed.2d 519 (1994); United States v. Bynum, 3 F.3d 769, 774-75 (4th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1105 , 127 L.Ed.2d 416 (1994); United States v. Haynes, 985 F.2d 65, 70 (2d Cir.1993).
cited Cited as authority (rule) United States v. John C. Simms, United States of America v. John C. Simms
4th Cir. · 1995 · confidence medium
United States v. Bynum, 3 F.3d 769, 772 (4th Cir.1993), cert. denied, 62 U.S.L.W. 3552 (U.S. Feb. 22, 1994) (No. 93-7295).
discussed Cited as authority (rule) United States v. James Peoples
4th Cir. · 1995 · confidence medium
See, e.g., United States v. Jones, 18 F.3d 1145, 1151 (4th Cir.1994); United States v. D'Anjou, 16 F.3d 604, 612 (4th Cir.), cert. denied, 62 U.S.L.W. 3861 (U.S.1994); United States v. Bynum, 3 F.3d 769, 774 (4th Cir.1993), cert. denied, 62 U.S.L.W. 3552 (U.S.1994). 22 Peoples's final challenge is to the $6000 fine.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ernest BYNUM, Jr., Defendant-Appellant
92-5736.
Court of Appeals for the Fourth Circuit.
Sep 1, 1993.
3 F.3d 769
Jack Benjamin Crawley, Jr., Raleigh, NC, argued, for defendant-appellant., Jane H. Jolly, Asst. U.S. Atty., Raleigh, NC, argued (James R. Dedrick, U.S. Atty., on brief), for plaintiff-appellee.
Russell, Widener, Hall.
Cited by 133 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Jack Benjamin Crawley, Jr., Raleigh, NC, argued, for defendant-appellant.

Jane H. Jolly, Asst. U.S. Atty., Raleigh, NC, argued (James R. Dedrick, U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

Lead Opinion

OPINION

K.K. HALL, Circuit Judge:

Ernest Bynum appeals his convictions and sentence for possession of and conspiracy to possess crack cocaine with intent to distribute. We affirm.

I.

In March, 1992, Ernest Bynum rented a Mercury Sable at LaGuardia Airport in New York and drove to Henderson, North Carolina, with his cousin, Raymond Walker. Authorities apparently were expecting him and knew his intentions, as they obtained search warrants for the Sable and for three rooms (112, 114, and 174) at the Holiday Inn in Henderson. On March 17, warrants in hand, federal agents and local officers set up surveillance at the Howard Johnson motel across the street from the Holiday Inn.

The Sable was parked at the Howard Johnson. Bynum came out of the motel, got in the car, drove it across the street to the Holiday Inn, and parked outside Room 174. Bynum went in the room carrying a bag. A few minutes later, he came back out of the room and sat in the driver’s seat of the Sable. Shortly thereafter, another person, Louis Hodge, came out of the room and got into the car.

Raymond Walker approached the car and had a conversation with the occupants. By-num began to drive away. Officers stopped the car, found 34.2 grams of crack on Hodge’s body, and arrested Bynum and Hodge.

Meanwhile, other officers tried to execute the search warrant for Room 174. They knocked, but no one answered. They next tried a key, but the door was dead-bolted. Finally, Dale Greene opened the door. The officers heard the toilet running. With the assistance of the hotel janitor, officers retrieved 5.6 grams of crack, packed in a Newport cigarette wrapper, from the toilet. Greene was arrested, and cocaine residue was found in a baggie in his pocket. A search of the room also uncovered a key chain with Bynum’s New York address on it and a traffic ticket issued to Greene when he had driven Bynum’s rented Sable.

Yet another team of officers spoke to Walker, who was not yet under arrest. Walker led the officers to, and consented to the search of, Room 229 of the Howard Johnson. In that room, officers found a blue suitcase with $5,000 in cash and, snapped to the suitcase, a pager that had been rented by Bynum. In the bathroom, 58.7 grams of crack were found in the tissue holder.

Bynum, Walker, and Greene were named in a four-count indictment, charging them with conspiracy to distribute crack and substantive offenses. Hodge, a juvenile, was charged in state court. Walker, Greene, and Hodge all pled guilty.[1] Walker and Hodge testified against Bynum at trial, but Greene refused. Bynum was found guilty of possession with intent to distribute and conspiracy. He was sentenced under the guidelines to 198 months.

Bynum appeals.

II.

The government used three peremptory strikes, all of them against black jurors. Bynum, who is black, struck eleven jurors, ten of them white.[2] Both sides made equal protection challenges. to the other’s use of peremptories, and both were rejected. Bynum renews his challenge on appeal.

In Swain v. Alabama, 380 U.S. 202, 222-224, 85 S.Ct. 824, 837-838, 13 L.Ed.2d 759 (1965), the Supreme Court confirmed that race-motivated use of peremptory strikes by the prosecution violates the Equal Protection Clause of the Fourteenth Amendment. In recent years, the Court has expanded this rule so that it now has universal applicability. Powers v. Ohio, 499 U.S. 400, -, 111 S.Ct. 1364, 1373, 113 L.Ed.2d 411[*772] (1991) (criminal defendant may challenge race-based use of peremptories whatever the defendant’s own race); Edmonson v. Leesville Concrete Co., — U.S. -, -, 111 S.Ct. 2077, 2081-2087, 114 L.Ed.2d 660 (1991) (applying rule to strikes by civil litigants); Georgia v. McCollum, — U.S. -, -, 112 S.Ct. 2348, 2353-2369, 120 L.Ed.2d 33 (1992) (applying rule to strikes by criminal defendant). In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the Court eased Swain’s “crippling” burden of proof and held that a defendant (and today any party) may establish a prima facie case of racial discrimination by inference from the circumstances (i.e. the pattern of use of peremptory strikes). Where a party’s use of peremptories creates an inference that race is a factor, the trial court must inquire into the party’s motives. If the party articulates a credible, race-neutral reason for its action, there is no equal protection violation. Batson, 476 U.S. at 98, 106 S.Ct. at 1724.

Here, the government offered explanations for all three of its strikes, and the district court accepted them as credible and race-neutral. One juror was struck because her last name was the same as someone the government’s attorney had prosecuted from the same town. Another was struck because he was unemployed, had trouble arranging transportation to court, and had a nephew who used drugs. Finally, a young single mother was excluded because the government feared she would be too sympathetic to the defendant.

The district court, which can evaluate the government’s candor from the live explanation, is much better positioned than we to enforce Batson, and, giving its factual finding “great deference,” we review only for clear error. Batson, 476 U.S. at 98 n. 21, 106 S.Ct. at 1724 n. 21; United States v. Grandison, 885 F.2d 143, 146 (4th Cir.1989), cert. denied, 495 U.S. 934, 110 S.Ct. 2178, 109 L.Ed.2d 507 (1990). The government’s explanations are good enough to credit on a cold record. We see no clear error.

III.

A witness’ credibility may not be impeached by extrinsic evidence of specific instances of conduct. Fed.R.Evid. 608(b). The only exception is evidence of conviction of crime under Rule 609. A cross-examiner may inquire into specific incidents of conduct, but does so at the peril of not being able to rebut the witness’ denials. The purpose of this rule is to prohibit things from getting too far afield — to prevent the proverbial trial within a trial.

A textbook Rule 608(b) situation happened here. Walker was asked by the defense on cross-examination whether he had ever sold crack cocaine. He denied it. The defense then wished to call a witness, Darwin God-bolt, to testify that Walker had sold cocaine in the Emporia, Virginia, area. The court did not allow the testimony.

Bynum contends that the prior act was admissible under Rule 404(b), and that 404(b) overrides 608(b). See, e.g., United States v. Smith Grading and Paving, Inc., 760 F.2d 527 (4th Cir.), cert. denied, 474 U.S. 1005, 106 S.Ct. 524, 88 L.Ed.2d 457 (1985). Other than asserting it, though, Bynum does not explain what Rule 404(b) purpose would have been served by the evidence. The district court’s decision to exclude Godbolt’s testimony was not an abuse of discretion.

TV.

A principal goal of the government’s case was tying Bynum together with his conspirators and the various amounts of seized crack. Accordingly, the government called two chemists to explain that they had conducted chromatographic analysis on samples taken from the three quantities of crack. A DEA expert opined that all three came from the same batch.[3] A state crime lab chemist agreed as to the 38.3 grams seized from Hodge and the 58.7 found in the Howard[*773] Johnson, but he stated that his test on the 5.6 grams found in the toilet was inconclusive. The testimony of these chemists was admitted over the defendant’s objection.

After the trial, defense counsel read in the newspaper that Bynum’s conviction was the first obtained under the new federal/state “Sniffer” program (i.e. chromatograph analysis of cocaine). In his brief on appeal, By-num complained that the district court did not understand that the testimony involved “new” science and should have been evaluated under the Frye[4] standard. He did not, however, proffer any argument or evidence to show that gas chromatography is unreliable or not generally accepted in the scientific community.

In any event, while this appeal was pending, the Supreme Court held that Fed.R.Evid. 702 does not incorporate the “austere” Frye standard. Daubert v. Merrell Dow Pharmaceuticals, Inc., — U.S. -, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). If proffered expert testimony relies upon “scientific” knowledge and would assist the trier of fact in determining a fact in issue, the expert testimony is admissible under the rule. “Scientific” knowledge is generated through the scientific method — subjecting testable hypotheses to the crucible of experiment in an effort to disprove them. An opinion that defies testing, however defensible or deeply held, is not scientific. The Daubert Court did make clear, though, that district courts need not admit all “scientific” evidence without any regard for its reliability. Trial judges may consider whether the particular opinion or technique has been subjected to peer review, what the known rate of error of the technique is, and, recalling Frye, whether it enjoys “widespread acceptance” in the community. — U.S. at -, 113 S.Ct. at 2797. The Court emphasized that it was prescribing a “flexible” rule, one committed, as are most questions of admissibility of evidence, to the discretion of the district courts. Id.

Though it invoked Frye, the government’s proffer of evidence could hardly have better anticipated Daubert. The government explained the hypotheses underlying the technique, listed the numerous publications through which the technique had been subjected to peer review, and concluded with a citation to authority that gas chromatography enjoys general acceptance in the field of forensic chemistry. The district court did not abuse its discretion by permitting the testimony.

V.

After Bynum’s tidal, Greene, who had refused to testify for the government, came forward with “new” evidence. According to Greene, the 5.6 grams he flushed down the toilet had been purchased the day before in Louisburg, North Carolina. Bynum moved for a new trial on the ground that this evidence contradicted the chemists’ testimony.[5] After hearing Greene’s live testimony, the district court denied the motion. We review the district court’s ruling for abuse of discretion. United States v. Arrington, 757 F.2d 1484, 1486 (4th Cir.1985).

Courts are justifiably leery of post-trial statements by codefendants purporting to exonerate a cohort. Cf. United States v. Johnson, 487 F.2d 1278, 1279 (4th Cir.1973) (post-trial recantations of trial testimony are “ ‘looked upon with utmost suspicion’ ” (quoting United States v. Lewis, 338 F.2d 137, 139 (6th Cir.1964))). Moreover, Greene’s evidence did not go to the heart of the case— Bynum’s guilt of conspiracy — but rather only to a small piece of the government’s evidence. Even if the 5.6 grams was from a different batch, there was plentiful evidence that Greene possessed it as part of a conspiracy with Bynum. Greene got a ticket driving Bynum’s rented Sable, and Bynum’s key chain was found in Greene’s room. Bynum had been seen entering and leaving Greene’s room only moments before the search. It was helpful, but not crucial, to the government’s case that the cocaine in the toilet was[*774] part of the same batch as the cocaine in the ear and at the Howard Johnson. There was copious independent evidence of the conspiracy.

This circuit has a fíve-part test for evaluating motions for a new trial based on newly-discovered evidence. Under United States v. Chavis, 880 F.2d 788, 793 (4th Cir.1989), a motion for a new trial should be granted only if (1) the evidence is newly discovered, (2) the movant exercised due. diligence in discovering the evidence, (3) the evidence is not merely cumulative or impeaching, (4) the evidence is material to the issues, and (5) the evidence would probably result in an acquittal at a new trial. Greene’s story utterly fails to satisfy two of the factors — it is not material, and it would not probably result in acquittal at a new trial. The district court’s denial of a new trial was therefore not an abuse of discretion.

VI.

Bynum challenges the district court’s findings that he was responsible for 98.5 grams of crack and that he deserved a two-level enhancement for being a manager or supervisor of the criminal activity. Both factual findings are reviewed for clear error. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir.1989).

The drug weight finding is conservative and clearly correct: all 98.5 grams with which Bynum was charged were actually seized from his conspirators and about his belongings. The government did not attempt to attribute other amounts to Bynum by extrapolating from the large amount of cash on hand or from Hodge’s testimony about other drug sales for Bynum. Likewise, the manager/supervisor enhancement was appropriate in light of Hodge’s testimony that he sold crack for Bynum.

There are no clear errors in the factual findings at sentencing.

VII.

This circuit has already decided that the 100-to-l ratio the guidelines[6] ascribe as equivalent drug weights of crack and powder cocaine is rationally related to a legitimate government end, because crack is a greater threat to society. United States v. Thomas, 900 F.2d 37, 39-40 (4th Cir.1990). Likewise, several circuits have held that the alleged disparate impact this ratio has on blacks does not violate the equal protection component of the Fifth Amendment,[7] because the disparate impact of a facially neutral law does not render it unconstitutional unless the disparity “can be traced to a discriminatory purpose.” Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256, 272, 99 S.Ct. 2282, 2293, 60 L.Ed.2d 870 (1979).

Bynum makes a subtle variation on the rejected equal protection argument. He concedes that the Sentencing Commission did not intend the disparate impact; therefore, he says, the Commission did not consider it, and the disparate impact on blacks is a ground for a downward departure. As a black, then, Bynum is entitled to the departure. A divided panel of the Eighth Circuit recently rejected this argument. United States v. Lattimore, 974 F.2d 971 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1819, 123 L.Ed.2d 449 (1993).

We will follow Lattimore. It is not enough to justify a downward departure to show simply that the departure is sought upon a factor not taken into account by the Commission. From the countless factors that constitute the human experience, the Commission necessarily considered only a few. Any defendant can identify something about himself that the guidelines do not address. Consequently, an asserted ground for departure must be not only one that the Commission did not adequately consider, but also one for which a sentence outside the guidelines “should result.” 18 U.S.C. § 3553(b); Unit[*775] ed States v. Hummer, 916 F.2d 186, 192 (4th Cir.1990), cert. denied, - U.S. -, 111 S.Ct. 1608, 113 L.Ed.2d 670 (1991).

Here, rather than a mitigating circumstance personal to the defendant, the alleged ground for departure is based solely on membership in a class. If Bynum is entitled to the disparate impact departure, then every black person whose relevant conduct involves crack cocaine is similarly entitled. When “should” the guidelines’ failure to address the impact of a provision on a class “result” in class-wide downward departures? We think that, bound as we are to respect the policy decisions of the coordinate branches of government, we can provide such extraordinary relief only when failure to provide it would deprive the class of equal protection. Thus, our foray through departure analysis brings us back to the question Bynum’s argument meant to avoid: was the 100-to-l crack-to-powder ratio, racially neutral on its face, enacted for the discriminatory purpose of punishing blacks more than whites for similarly culpable conduct? Bynum concedes that he has no evidence that it was. The judgment and sentence are affirmed.

AFFIRMED.

1

Walker’s conviction was later set aside, without objection from the government, after the district court questioned the factual basis for his plea.

2

The petit jury finally seated had eight whites and four blacks.

3

A naturally derived product like cocaine has numerous impurities and byproducts of decomposition. The scientific theory underlying the expert’s testimony in this case is that comparison of the precise mathematical proportions of the various impurities can show with a great degree of accuracy whether two samples of cocaine were manufactured together.

4

Fiye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923).

5

Actually, Greene's testimony contradicted only one of the two chemists; the other said the analysis of the drugs retrieved from the toilet was inconclusive.

6

U.S.S.G. § 2D1.1; see also 21 U.S.C. § 841 (providing for certain mandatory minimum sentences using the same 100-to-l ratio).

7

See, e.g., United States v. Chandler, 996 F.2d 917, 918 (7th Cir.1993); United States v. Frazier, 981 F.2d 92, 95 (3rd Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1661, 123 L.Ed.2d 279 (1993); United States v. Galloway, 951 F.2d 64, 65-66 (5th Cir.1992); United States v. Johnson, 944 F.2d 396, 404 n. 7 (8th Cir.), cert. denied, - U.S. -, 112 S.Ct. 646, 116 L.Ed.2d 663 (1991).

Concurrence

WIDENER, Circuit Judge,

concurring:

I concur in the result.