U.S. v. EVANS

Nos. 89-5487, 89-5488.

917 F.2d 800 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John Antonio EVANS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William McINTYRE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1990.


Attorney(s) appearing for the Case

Nina Jean Ginsberg (argued), Dimuro, Ginsberg & Lieberman, P.C., Alexandria, Va., for appellant Evans.

David Harrison Hopkins, Fairfax, Va., for appellant McIntyre.

Bernard James Apperson, III, Asst. U.S. Atty., Henry E. Hudson, U.S. Atty. (on brief), Alexandria, Va., for appellee.

Before CHAPMAN and WILKINSON, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.


CHAPMAN, Circuit Judge:

On July 31, 1989, following a jury trial, John Antonio Evans and William McIntyre were convicted of distributing, within 100 feet of a video arcade facility, 50 grams or more of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and aiding and abetting such distribution in violation of 18 U.S.C. § 2. Appellants claim error by the district court (1) in denying Evans' motion to suppress a statement given to police officers shortly...

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