US v. Tyrone Powell

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00373-BEL-1 Copies to all parties and the district court/agency. [998456696] [09-5111]

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US v. Tyrone Powell Doc. 0 Case: 09-5111 Document: 25 Date Filed: 11/01/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5111 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TYRONE POWELL, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (1:09-cr-00373-BEL-1) Submitted: September 10, 2010 Decided: November 1, 2010 Before MOTZ, GREGORY, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Steven H. Levin, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Thiruvendran Vignarajah, Kwame J. Manley, Assistant United States Attorneys, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 09-5111 Document: 25 Date Filed: 11/01/2010 Page: 2 PER CURIAM: Tyrone possession with Powell intent appeals to from his conviction cocaine, for in distribute powder violation of 21 U.S.C. 841(a), 841(b)(1)(C) (2006). Powell filed a motion to suppress evidence found during the search of his vehicle after an investigatory stop, and the district court denied the motion. On appeal, Powell argues the district court This erred in denying his motion to suppress the evidence. court reviews the district court's factual findings underlying a motion to suppress for clear error and its legal conclusions de novo. United States v. Day, 591 F.3d 679, 682 (4th Cir. 2010). We afford the district court's credibility determinations due deference, because "it is the role of the district court to observe witnesses and weigh their credibility during a pre-trial motion to suppress." United States v. Abu Ali, 528 F.3d 210, 232 (4th Cir. 2008) (internal quotation marks omitted), cert. denied, 129 S. Ct. 1312 (2009). We have carefully reviewed the transcript of the hearing on Powell's motion and we conclude that, taken in the light most favorable to the Government, see United States v. Matthews, 591 F.3d 230, 234 (4th Cir. 2009), petition for cert. filed, __ U.S.L.W. __ (U.S. Apr. 23, 2010) (No. 09-10414), the evidence adduced at the hearing amply supports the district 2 Case: 09-5111 Document: 25 Date Filed: 11/01/2010 Page: 3 court's ruling. Accordingly, we affirm the denial of Powell's motion to suppress and affirm the conviction. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional would process. AFFIRMED 3

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