United States v. McFarland

ORDER ON APPEAL

WOODCOCK, District Judge.

This appeal addresses the question of when a driver is in “actual physical, control” of his vehicle. Acting as an appellate court, this Court concludes there is sufficient evidence that the Defendant was in “actual physical control” of his vehicle to support a conviction of the misdemeanor charge of operating a motor vehicle while under the influence. This Court further concludes the Defendant was on fair notice his actions could constitute criminal conduct. This Court, therefore, AFFIRMS the Defendant’s conviction.

I. BACKGROUND

A. The Facts

On October…