United States v. Gupta

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-5085

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RON GUPTA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:06-cr-00237-GBL)

Submitted: June 15, 2007 Decided: June 19, 2007

Before WIDENER, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

J. Burkhardt Beale, BOONE BEALE, Woodbridge, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Anthony E. Mucchetti, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ron Gupta appeals from the district court’s order

affirming the judgment of the magistrate judge convicting him of

driving while intoxicated, in violation of 36 C.F.R. § 4.23(a)

(2006). On appeal to this court, he argues that the National Park

Service officer did not have a reasonable suspicion to stop Gupta’s

vehicle. He also asserts that there was insufficient evidence of

proof beyond a reasonable doubt that he was driving while

intoxicated, in part because the district court allegedly

impermissibly shifted the burden of persuasion to the defendant.

We have reviewed the proceedings and the parties’ briefs

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. United States v. Gupta, No.

1:06-cr-00237-GBL (E.D. Va., filed Sept. 11, 2006 & entered Sept.

13, 2006). 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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