US Court of Appeals for Washington D.C. Opinions

US v. Byfield, No. 06-3182
Appeal from a denial of a motion to modify a sentence for possession of cocaine base with intent to distribute is dismissed where: 1) a motion to modify a sentence under 18 U.S.C. section 3582(c)(2) is part of a defendant's criminal proceeding and therefore subject to the 10-day time limit of the Federal Rules of Appellate Procedure; 2) defendant's notice of appeal was untimely filed; and 3) the government's objection to defendant's notice of appeal was proper because it was raised in the government's initial brief.

US v. Rawlings, No. 06-3087
Conviction for possession of a firearm and ammunition by a felon is affirmed where: 1) defendant did not object to the judge's questioning of jurors or the prosecutor's closing argument; and 2) there was no plain error in the judge's practice of allowing jurors to submit questions to be asked of witnesses or closing arguments by the prosecutor.