U.S. v. McQUEEN

Nos. 04-5035, 04-5129.

445 F.3d 757 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony McQUEEN, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Anthony McQueen, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2006.


Attorney(s) appearing for the Case

ARGUED: David Benjamin Smith, English & Smith, Alexandria, Virginia, for Appellant/Cross-Appellee. Patrick Friel Stokes, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee/Cross-Appellant. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee/Cross-Appellant.

Before LUTTIG and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Affirmed in part and vacated in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Senior Judge HAMILTON joined.

OPINION

LUTTIG, Circuit Judge.

After a call from a reliable informant about a suspicious vehicle, police officers came upon Anthony McQueen's car in the parking lot of a bar in Woodbridge, Virginia. G.S.A. 6. Although the car was running, McQueen appeared to be asleep inside. Id. at 6, 21, 43. The...

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