U.S. v. FOSTER

No. 02-3859.

376 F.3d 577 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick L. FOSTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 20, 2004.


Attorney(s) appearing for the Case

ARGUED: Robert A. Dixon (argued and briefed), Cleveland, OH, for Appellant.

Joseph P. Schmitz (argued and briefed), Assistant United States Attorney, Cleveland, OH, for Appellee.

Before NELSON, MOORE, and FRIEDMAN, Circuit Judges.


OPINION

MOORE, Circuit Judge.

Defendant-Appellant Derrick L. Foster ("Foster") appeals his convictions for unlawful possession of a firearm and possession with intent to distribute phencyclidine ("PCP"). After approaching Foster to ask him some questions, the police detected the smell of PCP coming from his person. The officers proceeded to conduct an investigative stop of Foster, which led to the discovery...

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