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U.S. v. McGEE

No. 12-4664.

736 F.3d 263 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Justin McGEE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 18, 2013.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.

Monica D. Coleman , Office of the United States Attorney, Charleston, West Virginia, for Appellee.

ON BRIEF: Mary Lou Newberger , Federal Public Defender, Lex A. Coleman , Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.

R. Booth Goodwin II , United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge KEENAN and Judge FLOYD joined.

DAVIS, Circuit Judge:

Randall Justin McGee was convicted in the Southern District of West Virginia of possession with intent to distribute oxycodone, in violation of 21 U.S.C. § 841(a)(1), and sentenced to fifty-five months of imprisonment. On appeal, McGee challenges the district court's denial of his motion to suppress drugs seized during a traffic stop. He also challenges his sentence on two grounds: Whether the district court (1) committed clear error in...

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