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U.S. v. KELLY

No. 08-4982.

592 F.3d 586 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David KELLY, Jr., a/k/a Panama, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2010.

Attorney(s) appearing for the Case

ARGUED: Jon Michael Babineau, Riddick Babineau, PC, Suffolk, Virginia, for Appellant. Sherrie Scott Capotosto, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge AGEE joined.

OPINION

WILKINSON, Circuit Judge:

We are asked to review David Kelly's convictions for conspiracy to distribute and possess with intent to distribute drugs and three counts of drug possession with intent to distribute. Kelly's principal claim is that the police violated the Fourth Amendment by conducting a warrantless search of an automobile parked on the street in front of his residence. He contends that the automobile exception to the warrant requirement...

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