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U.S. v. OSBOURNE

No. 02-2003.

326 F.3d 274 (2003)

UNITED STATES of America, Appellee, v. William Michael OSBOURNE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 16, 2003.

Attorney(s) appearing for the Case

Miriam Conrad, with whom the Federal Defender's Office was on brief for appellant.

Patrick M. Hamilton, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

Defendant-appellant William Michael Osbourne appeals the partial denial of his pretrial suppression motion, arguing that a statement made by the district court in the course of its extemporaneous oral ruling evinced both a misunderstanding and material misapplication of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Specifically, Osbourne contends that the court upheld a second pat-frisk...

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