US v. David Thomas, Jr.

Filing 920090824

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4939 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID LEE THOMAS, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:07-cr-00419-JAB-1) Submitted: August 20, 2009 Decided: August 24, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Affirmed by unpublished per curiam opinion. Louis C. Allen, III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Graham Tod Green, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Lee Thomas, Jr., appeals his conviction after pleading guilty to possession of a firearm by a convicted felon. Thomas received the statutory minimum sentence of 180 months. Thomas's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). district court erred Counsel raised the issue of whether the in denying Thomas's motion to suppress evidence of the firearm found during the consensual search of an apartment leased to a third-party. * Thomas filed a pro se supplemental brief arguing that police officers had no probable cause to detain him because he could not have been the suspect they were originally pursuing. a brief. the The Government declined to file Finding no error, we affirm for the reasons stated by court. See Mar. 4, 2008 Suppression Hearing district Transcript 65-69, E.R. 132-36. In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm Thomas's conviction and sentence. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client requests that a petition be Thomas reserved the right to challenge suppress ruling when he pleaded guilty. * the motion to 2 filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel's motion must state that We dispense with oral a copy thereof was served on the client. 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 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?