United States of America v. Rhue, 191 F.3d 376, 388 4th Cir. 1999 holding that polygraph evidence is inadmissable

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4216
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HAYWOOD CARMICHAEL,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-97-
329-L)
Submitted: January 27, 2000 Decided: March 1, 2000
Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kenneth W. Ravenell, SCHULMAN, TREEM, KAMINKOW & GILDEN, P.A., Bal-
timore, Maryland, for Appellant. Lynne A. Battaglia, United States
Attorney, James G. Warwick, 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Unpublished opinions are not binding precedent in this circuit.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:
Haywood Carmichael appeals his convictions for conspiracy to
distribute and possess with intent to distribute cocaine base and
marijuana, two counts of firearms murder during or in relation to
a drug trafficking crime, and use and possession of a firearm in
relation to a drug trafficking crime. On appeal he alleges that
the district court erred by excluding polygraph evidence, denying
his motion for a mistrial, and instructing the jury that he was not
eligible for the death penalty.
Finding no reversible error, we affirm. See United States v.
Rhue, 191 F.3d 376, 388 (4th Cir. 1999) (holding that polygraph
evidence is inadmissable); United States v. West, 877 F.2d 281,
287-88 (4th Cir. 1989) (holding that denial of a motion for mis-
trial only overturned if district court clearly abused its discre-
tion); United States v. Meredith, 824 F.2d 1418, 1429 (4th Cir.
1987) (holding that where the court issued a curative instruction
and where prosecutor’s remarks of defendant’s possible sentence
were invited by defense counsel, conviction affirmed on appeal).
Accordingly, 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.
AFFIRMED

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