Opinion

United States v. Brown

  • 82 F. App'x 301
Court
Court of Appeals for the Fourth Circuit
Filed
Dec 3, 2003
Status
Unpublished
On the bench
Motz, Gregory, Shedd
Cited by
1 cases
Authority
More cited than 44.7%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-4982

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RODNEY J. BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CR-02-46)

Submitted: October 24, 2003 Decided: December 3, 2003

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony F. Anderson, Melissa W. Friedman, Roanoke, Virginia, for

Appellant. John L. Brownlee, United States Attorney, R. Andrew

Bassford, Assistant United States Attorney, Roanoke, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Rodney J. Brown appeals the judgment of the district court

convicting him of possession with intent to distribute more than

fifty grams of cocaine base, in violation of 21 U.S.C. § 841

(2000). On appeal, Brown claims that the Government produced

insufficient evidence of its informant’s reliability to support its

search warrant. As noted by Brown in his brief, this court has

previously addressed the reliability of informants with respect to

controlled purchases of narcotics and found such use entirely

appropriate. See United States v. Clyburn, 24 F.3d 613, 618 (4th

Cir. 1994). Moreover, we find Brown’s attempts to distinguish the

facts of his case from Clyburn to be unpersuasive. Accordingly, we

affirm Brown’s conviction and sentence. We dispense with oral

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

2

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