Opinion

United States v. Brown

  • 50 F. App'x 148
Court
Court of Appeals for the Fourth Circuit
Filed
Nov 13, 2002
Status
Unpublished
On the bench
Williams, Michael, Gregory
Cited by
0 cases
Authority
More cited than 25.9%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 02-4321

MICHAEL DWIGHT BROWN,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

Frederic N. Smalkin, Chief District Judge.

(CR-01-482-S)

Submitted: October 24, 2002

Decided: November 13, 2002

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL

Kenneth W. Ravenell, SCHULMAN, TREEM, KAMINKOW, GIL-

DEN & RAVENELL, P.A., Baltimore, Maryland, for Appellant.

Thomas M. DiBiagio, United States Attorney, Philip S. Jackson,

Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

2 UNITED STATES v. BROWN

OPINION

PER CURIAM:

Michael Dwight Brown appeals his conviction and 360 month sen-

tence for distributing 500 or more grams of cocaine, in violation of

21 U.S.C. § 841 (2000).

First, Brown argues that the district court erred in dismissing his

motion to suppress evidence seized from his residence. We review a

district court’s legal conclusions on a suppression motion de novo and

the court’s underlying factual determinations for clear error. United

States v. Seidman, 156 F.3d 542, 547 (4th Cir. 1998). Brown’s claim

is meritless. The search warrant application established probable

cause to search Brown’s residence. See United States v. Williams, 974

F.2d 480, 481-82 (4th Cir. 1992); United States v. Corral, 970 F.2d

719, 728 (10th Cir. 1992); United States v. Anderson, 851 F.2d 727,

729 (4th Cir. 1988).

Second, Brown argues that the jury instructions issued by the dis-

trict court were prejudicial. We review Brown’s challenge to the jury

instructions for abuse of discretion. United States v. Whittington, 26

F.3d 456, 462 (4th Cir. 1994). This claim is meritless as well. The

jury instructions were an accurate reflection of the applicable law and

did not prejudice Brown’s defense. See United States v. Lewis, 53 F.

3d 29, 32 (4th Cir. 1995); United States v. Cobb, 905 F.2d 784, 788-

89 (4th Cir. 1990).

Accordingly, we affirm Brown’s conviction and sentence. We dis-

pense with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not significantly aid the decisional process.

AFFIRMED

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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