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    United States v. Eric Morrison, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Eric Wilford Morrison's conviction for conspiracy to distribute cocaine. The Court held that the district court did not abuse its discretion in admitting ion scan evidence indicating the presence of cocaine on money seized from Morrison. Even if the ion scan evidence was admitted in error, the Court found it to be harmless error because the Government presented substantial additional evidence of Morrison's involvement in the drug conspiracy.

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    United States v. Eric Morrison, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Eric Wilford Morrison's conviction for conspiracy to distribute cocaine. The Court held that the district court did not abuse its discretion in admitting ion scan evidence indicating the presence of cocaine on money seized from Morrison. Even if the ion scan evidence was admitted in error, the Court found it to be harmless error because the Government presented substantial additional evidence of Morrison's involvement in the drug conspiracy.

    Original Description:

    Filed: 2011-07-20 Precedential Status: Non-Precedential Docket: 10-5194

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Eric Wilford Morrison's conviction for conspiracy to distribute cocaine. The Court held that the district court did not abuse its discretion in admitting ion scan evidence indicating the presence of cocaine on money seized from Morrison. Even if the ion scan evidence was admitted in error, the Court found it to be harmless error because the Government presented substantial additional evidence of Morrison's involvement in the drug conspiracy.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    12 views3 pages

    United States v. Eric Morrison, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Eric Wilford Morrison's conviction for conspiracy to distribute cocaine. The Court held that the district court did not abuse its discretion in admitting ion scan evidence indicating the presence of cocaine on money seized from Morrison. Even if the ion scan evidence was admitted in error, the Court found it to be harmless error because the Government presented substantial additional evidence of Morrison's involvement in the drug conspiracy.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-5194

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ERIC WILFORD MORRISON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Statesville.
    Richard L.
    Voorhees, District Judge. (5:07-cr-00050-RLV-DSC-2)

    Submitted:

    July 5, 2011

    Decided:

    July 20, 2011

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    J. Clark Fischer, RANDOLPH & FISCHER, Winston-Salem, North


    Carolina, for Appellant.
    Anne M. Tompkins, United States
    Attorney, Maria K. Vento, Assistant United States Attorney,
    OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    A jury convicted Eric Wilford Morrison of one count of
    conspiracy to possess with intent to distribute five kilograms
    or more of powder cocaine and 50 grams or more of crack cocaine,
    in violation of 21 U.S.C. 841(a)(1), 846 (2006).

    He appeals,

    contending that the district court erred in denying his motion


    to exclude evidence.
    At
    testimony

    Finding no error, we affirm.

    Morrisons

    from

    trial,

    number

    of

    the

    witnesses

    Government

    presented

    regarding

    Morrisons

    involvement in selling powder and crack cocaine.


    also

    presented

    evidence

    of

    ion

    scan

    results

    The Government
    indicating

    the

    presence of cocaine on money that law enforcement seized from


    Morrisons

    front

    pants

    pocket

    at

    the

    time

    of

    his

    arrest.

    Morrison challenges the ion scan evidence, contending that the


    ion scan method was not reliable.
    We review the district courts evidentiary ruling for
    abuse of discretion.
    470

    (4th

    Cir.

    United States v. Delfino, 510 F.3d 468,

    2007).

    Expert

    testimony

    is

    admissible

    Federal Rule of Evidence 702 if it concerns:

    under

    (1) scientific,

    technical, or other specialized knowledge that (2) will aid the


    jury or other trier of fact to understand or resolve a fact at
    issue.
    592

    See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579,

    (1993).

    The

    reasoning

    and

    methodology

    experts proffered opinion must be reliable.


    95.

    underlying

    an

    See id., at 593-

    The district court conducted a Daubert hearing, at which


    2

    the

    Governments

    expert

    testified

    on

    direct

    and

    cross

    examination regarding the reliability of the ion scan results.


    Having

    carefully

    reviewed

    the

    record,

    we

    conclude

    that

    the

    district court did not abuse its discretion in admitting the


    results into evidence.
    Moreover, we agree with the Government that even if
    the district court erred by admitting the ion scan evidence, any
    error was harmless.
    637

    (4th

    Cir.

    See United States v. Johnson, 587 F.3d 625,

    2009)

    (explaining

    district

    courts

    rulings are subject to harmless error review).


    presented

    substantial

    evidence

    of

    evidentiary

    The Government

    Morrisons

    involvement

    in

    selling powder and crack cocaine during the charged conspiracy.


    See

    id.

    (Erroneously

    reviewing

    court

    pondering

    all

    is

    admitted

    able

    that

    to

    evidence

    say,

    happened

    with

    without

    is

    fair

    harmless
    assurance,

    stripping

    the

    if

    after

    erroneous

    action from the whole, that the judgment was not substantially
    swayed by the error.) (quoting Kotteakos v. United States, 328
    U.S. 750, 765 (1946)).
    Accordingly, we affirm the judgment of the district
    court.
    legal
    before

    We

    dispense

    contentions
    the

    court

    with

    oral

    argument

    are

    adequately

    and

    argument

    because

    presented

    would

    not

    in
    aid

    the
    the
    the

    facts

    and

    materials
    decisional

    process.

    AFFIRMED
    3

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