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DUCKETT v. U.S.

No. 03-CM-1462.

886 A.2d 548 (2005)

Dustin DUCKETT, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 17, 2005.

Attorney(s) appearing for the Case

Charles H. Fitzpatrick, Washington, DC, for appellant.

Alessio D. Evangelista, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, John R. Fisher, Assistant United States Attorney at the time the brief was filed, and David B. Goodhand and Leah L. Belaire, Assistant United States Attorneys, were on the brief for appellee.

Before SCHWELB and GLICKMAN, Associate Judges, and NEWMAN, Senior Judge.

GLICKMAN, Associate Judge:

Appellant Dustin Duckett moved to suppress marijuana recovered from his jacket and his car following a traffic stop. After an evidentiary hearing, the trial judge denied the motion, rejecting Duckett's claim that the stop violated the Fourth Amendment. The judge thereafter found Duckett guilty of possession with intent to distribute marijuana, in violation of D.C.Code § 48-904.01(a)(1) (2001). We hold that the marijuana should have...

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