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U.S. v. FOSTER

No. 15-4319.

824 F.3d 84 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Zachary M. FOSTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2016.

Attorney(s) appearing for the Case

ARGUED: Brendan S. Leary , Office of the Federal Public Defender, Wheeling, West Virginia, for Appellant. Tara Noel Tighe , Office of the United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: William J. Ihlenfeld, II , United States Attorney, Stephen L. Vogrin , Assistant United States Attorney, Donald M. Kersey , Law Student, Office of the United States Attorney, Wheeling, West Virginia, for Appellee.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Thacker joined. Judge Wilkinson wrote a separate concurring opinion.

Zachary Foster entered a conditional guilty plea to being a prohibited person in possession of a firearm, reserving the right to challenge the district court's denial of his motion to suppress evidence recovered after a stop-and-frisk. Foster argues that the district court erred because the police lacked reasonable suspicion...

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