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U.S. v. SMITH

No. 03-4957.

395 F.3d 516 (2005)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Terrence Ormstom SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2005.

Attorney(s) appearing for the Case

ARGUED: Mark Howard Bodner, Fairfax, Virginia, for Appellant. Sean Thomas Martin, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Affirmed in part; reversed and remanded in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

LUTTIG, Circuit Judge:

Following the denial of his motion to suppress evidence gathered in an allegedly unlawful seizure, appellant Terrence Ormstom Smith was convicted before a federal magistrate judge of possession of cocaine, making a false statement to a law enforcement officer, and driving...

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