U.S. v. GREEN

No. 12-4879.

740 F.3d 275 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert GREEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 17, 2014.


Attorney(s) appearing for the Case

ARGUED: Randy Virlin Cargill , Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Thomas Ernest Booth , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Timothy J. Heaphy , United States Attorney, Ashley B. Neese , Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia; Mythili Raman , Acting Assistant Attorney General, Denis J. McInerney , Acting Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge GREGORY and Judge KEENAN joined.


SHEDD, Circuit Judge:

A federal grand jury indicted Herbert Green on one count of possession with intent to distribute 500 grams or more of a mixture or substance containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Before trial, Green moved twice to suppress the cocaine, arguing that the police seized it in violation of the Fourth Amendment. The district court denied both motions, and Green...

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