Court Records
September 21, 2009
U. S. Court of Appeals for the Fourth Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Cover page, Table of Contents and Table of Authorities
Brief for the United States
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, cover page
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, cover page
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. i
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. i
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. ii
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. ii
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. iii
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. iii
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. iv
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p. iv
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p, v
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p, v
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p, vi
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States
Table of Contents and Table of Authorities, p, vi
Brief for the United States
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 1 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 1 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 2 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 2 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 3 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 3 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 4 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 4 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 5 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 5 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 6 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 6 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 7 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 7 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 8 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 8 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 9 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 9 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 10 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 10 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 11 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 11 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 12 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 12 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 13 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 13 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 14 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 14 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 15 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 15 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 16 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 16 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 17 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 17 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 18 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 18 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 19 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 19 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 20 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 20 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 21 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 21 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 22 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 22 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 23 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 23 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 24 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 24 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 25 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 25 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 26 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 26 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 27 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 27 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 28 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 28 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 29 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 29 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 30 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 30 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 31 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 31 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 32 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 32 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 33 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 33 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 34 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 34 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 35 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 35 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 36 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 36 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 37 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 37 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 38 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 38 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 39 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 39 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 40 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 40 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 41 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 41 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 42 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 42 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 43 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 43 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 44 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 44 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 45 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 45 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 46 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 46 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 47 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 47 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 48 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 48 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 49 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 49 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 50 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 50 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 51 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 51 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 52 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 52 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 53 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 53 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 54 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 54 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 55 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 55 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 56 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 56 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 57 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 57 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 58 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 58 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 59 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 59 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 60 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 60 of 61
Sept. 21, 2009: U.S. Court of Appeals for the 4th Circuit
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 61 of 61
On Appeal from the U.S. District Court, Eastern District of North Carolina at Raleigh
Brief for the United States, p. 61 of 61