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U.S. v. POWELL

No. 08-4696.

666 F.3d 180 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Obie Lee POWELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Daniel W. Stiller , Federal Defender Services of Wisconsin, Incorporated, Milwaukee, Wisconsin, for Appellant. Jonathan C. Su , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Vacated by published opinion. Judge SHEDD wrote the majority opinion, in which Judge FLOYD joined. Judge KING wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

During a routine traffic stop in Seat Pleasant, Maryland, police removed Obie Lee Powell, who was a passenger, from the vehicle and performed an officer-safety patdown on him. Based on evidence obtained by police after the patdown, a federal grand jury indicted Powell for possession with intent to distribute crack cocaine, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking...

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