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  • United States v. Tierrence Marcelle Small, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming the district court's denial of Tierrence Small's motion to suppress evidence discovered during a traffic stop. Small had pled guilty to possession of a firearm by a convicted felon but reserved his right to appeal the suppression ruling. The appellate court reviewed the district court's factual findings for clear error and legal conclusions de novo. The court found no error in how the district court resolved conflicting testimony and denied the suppression motion. Accordingly, the appellate court affirmed the district court's judgment.

    Original Description:

    Filed: 2012-11-16 Precedential Status: Non-Precedential Docket: 12-4038

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming the district court's denial of Tierrence Small's motion to suppress evidence discovered during a traffic stop. Small had pled guilty to possession of a firearm by a convicted felon but reserved his right to appeal the suppression ruling. The appellate court reviewed the district court's factual findings for clear error and legal conclusions de novo. The court found no error in how the district court resolved conflicting testimony and denied the suppression motion. Accordingly, the appellate court affirmed the district court's judgment.

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    9 views3 pages

    United States v. Tierrence Marcelle Small, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming the district court's denial of Tierrence Small's motion to suppress evidence discovered during a traffic stop. Small had pled guilty to possession of a firearm by a convicted felon but reserved his right to appeal the suppression ruling. The appellate court reviewed the district court's factual findings for clear error and legal conclusions de novo. The court found no error in how the district court resolved conflicting testimony and denied the suppression motion. Accordingly, the appellate court affirmed the district court's judgment.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-4038

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TIERRENCE MARCELLE SMALL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., District Judge. (1:11-cr-00144-WO-1)

    Submitted:

    November 7, 2012

    Decided:

    November 16, 2012

    Before AGEE, DAVIS, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen, Federal Public Defender, John A. Dusenbury, Jr.,


    Assistant Federal Public Defender, Greensboro, North Carolina,
    for Appellant. Ripley Rand, United States Attorney, Michael A.
    DeFranco, Assistant United States Attorney, Greensboro, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tierrence Marcelle Small pled guilty, pursuant to a
    written plea agreement, to one count of possession of a firearm
    by a convicted felon, in violation of 18 U.S.C. 922(g)(1) and
    924(a)(2) (2006).

    In the plea agreement, Small reserved his

    right to appeal the district courts denial of his motion to


    suppress evidence discovered during a traffic stop.

    On appeal,

    Small argues that he was unreasonably seized in violation of the


    Fourth

    Amendment

    and

    that

    any

    evidence

    seizure should have been suppressed.


    We

    review

    factual

    resulting

    from

    such

    We affirm.

    findings

    underlying

    the

    district

    courts denial of a motion to suppress for clear error and its


    legal conclusions de novo.

    United States v. Foster, 634 F.3d

    243, 246 (4th Cir. 2011).

    When a suppression motion has been

    denied,

    this

    court

    reviews

    favorable to the Government.


    210, 217 (4th Cir. 2008).
    factual

    findings

    based

    the

    evidence

    in

    the

    light

    most

    United States v. Farrior, 535 F.3d

    This court grants great deference to


    on

    credibility

    determinations.

    See

    United States v. Moses, 540 F.3d 263, 268-69 (4th Cir. 2008).
    Our review of the record leads us to conclude that the district
    court did not err in resolving the conflicting testimony and
    denying the suppression motion.
    Accordingly, we affirm the district courts judgment.
    We

    dispense

    with

    oral

    argument
    2

    because

    the

    facts

    and

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    AFFIRMED

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