United States v. Smith, No. 11-4336 (4th Cir. 2012)
Annotate this CaseDefendant was convicted by a jury of involuntary manslaughter during the commission of an unlawful act not amounting to a felony. The underlying unlawful act was an alleged violation of 36 C.F.R. 4.23(a)(2), which provided that "[o]perating or being in actual physical control of a motor vehicle is prohibited while . . . [t]he alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood[.]" The court concluded that the district court did not abuse its discretion in admitting the toxicologist's generic testimony on alcohol metabolization. Nor was defendant entitled to judgment of acquittal because the government's evidence was sufficient to support the jury's verdict. Finally, the district court did not abuse its discretion in denying defendant's proposed jury instruction. Accordingly, the court affirmed the judgment.
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