UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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