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  • United States v. Antwaun Austin, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit affirmed Antwaun Austin's convictions for conspiracy to possess marijuana with intent to distribute and possession with intent to distribute marijuana. The district court denied Austin's motion to suppress text messages discovered on his cell phones pursuant to a search warrant. The appellate court concluded that the district court did not err in ruling that police lawfully seized Austin's cell phones. The court affirmed the district court's judgment and dispensed with oral argument.

    Original Description:

    Filed: 2014-10-10 Precedential Status: Non-Precedential Docket: 13-4749

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    The United States Court of Appeals for the Fourth Circuit affirmed Antwaun Austin's convictions for conspiracy to possess marijuana with intent to distribute and possession with intent to distribute marijuana. The district court denied Austin's motion to suppress text messages discovered on his cell phones pursuant to a search warrant. The appellate court concluded that the district court did not err in ruling that police lawfully seized Austin's cell phones. The court affirmed the district court's judgment and dispensed with oral argument.

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    United States v. Antwaun Austin, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit affirmed Antwaun Austin's convictions for conspiracy to possess marijuana with intent to distribute and possession with intent to distribute marijuana. The district court denied Austin's motion to suppress text messages discovered on his cell phones pursuant to a search warrant. The appellate court concluded that the district court did not err in ruling that police lawfully seized Austin's cell phones. The court affirmed the district court's judgment and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-4749

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    ANTWAUN ANTHONY AUSTIN,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Richard D. Bennett, District Judge.
    (1:11-cr-00237-RDB-1)

    Submitted:

    September 30, 2014

    Before NIEMEYER
    Circuit Judge.

    and

    MOTZ,

    Circuit

    Decided:

    Judges,

    October 10, 2014

    and

    DAVIS,

    Senior

    Affirmed by unpublished per curiam opinion.

    Nicholas J. Vitek, VITEK LAW LLC, Baltimore, Maryland, for


    Appellant.
    Rod J. Rosenstein, United States Attorney, Evan T.
    Shea, Assistant United States Attorney, Baltimore, Maryland, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    A

    federal

    jury

    convicted

    Antwaun

    Anthony

    Austin

    of

    conspiracy to possess with intent to distribute marijuana, in


    violation of 21 U.S.C. 846 (2012), and possession with intent
    to

    distribute

    (2012).

    marijuana,

    The

    district

    in

    violation

    court

    sentenced

    of

    21

    U.S.C.

    Austin

    months of imprisonment, and he now appeals.

    to

    841(a)

    twenty-four

    For the reasons

    that follow, we affirm.


    On

    appeal,

    Austin

    challenges

    the

    district

    courts

    denial of his motion to suppress text messages discovered on his


    cell phones pursuant to a search warrant that police obtained
    after seizing his cell phones.

    We review the factual findings

    underlying a motion to suppress for clear error and the district


    courts legal determinations de novo.
    690

    F.3d

    226,

    233

    (4th

    Cir.

    2012).

    United States v. Davis,


    We

    conclude

    that

    the

    district court did not err in ruling that the officers lawfully
    seized Austins cell phones.

    See, e.g., United States v. Brown,

    701 F.3d 120 (4th Cir. 2012).


    Accordingly, we affirm the judgment of the district
    court.
    legal
    before

    We dispense with oral argument because the facts and


    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED
    2

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