United States of America v. Jimmy Carter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4381
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JIMMY CARTER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge; Joseph
Robert Goodwin, District Judge, sitting by designation. (CR-00-
363-AMD)
Submitted: October 19, 2001 Decided: November 20, 2001
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Clarke F. Ahlers, CLARKE F. AHLERS, P.C., Columbia, Maryland, for
Appellant. Thomas M. DiBiagio, United States Attorney, Joyce K.
McDonald, Assistant United States Attorney, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Jimmy Carter appeals his conviction for possessing and utter-
ing a counterfeit security of an organization, in violation of 18
U.S.C. § 513(a) (1994), contending the prosecutor improperly com-
mented on his exercise of his constitutional right not to testify.
Because we conclude even if the prosecutor’s comments were im-
proper, they did not affect Carter’s substantial rights, we affirm
Carter’s conviction and sentence. See United States v. Harrison,
716 F.2d 1050, 1052 (4th Cir. 1983). We dispense with oral
argument because the facts and legal contentions of the parties are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED

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