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U.S. v. TERRY

No. 17-4799.

909 F.3d 716 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Brian D. TERRY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2018.

Attorney(s) appearing for the Case

ARGUED: Lex A. Coleman , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Meredith George Thomas , OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. ON BRIEF: Christian M. Capece , Federal Public Defender, Jonathan D. Byrne , Research & Writing Specialist, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Michael B. Stuart , United States Attorney, Charleston, West Virginia, W. Clinton Carte , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Huntington, West Virginia, for Appellee.

Reversed, vacated, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Motz and Judge Diaz joined.

Brian D. Terry appeals his conviction for possession of methamphetamine with the intent to distribute. See 21 U.S.C. § 841(a)(1). Terry challenges the district court's denial of his motion to suppress evidence seized during a traffic stop. Drug task force agents effectuated the stop through the illegal use of a...

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