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UNITED STATES v. HOWELL

No. 21-4634.

71 F.4th 195 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier HOWELL, a/k/a X, a/k/a Xavier Allyson Howell, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 22, 2023.

Attorney(s) appearing for the Case

ARGUED: Jonathan P. Sheldon , SHELDON & FLOOD, PLC, Fairfax, Virginia, for Appellant. Amanda L. Cheney , OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. ON BRIEF: Jessica D. Aber , United States Attorney, Aidan Taft Grano-Mickelsen , Assistant United States Attorney, Richmond, Virginia, Andrew Bosse , Assistant United States Attorney, Amanda Turner , Assistant United States Attorney, John F. Butler , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Heytens and Judge Cogburn joined.

Suspecting that Xavier Howell was engaged in drug-trafficking activity, law enforcement officers in Chesapeake, Virginia, stopped the vehicle he was driving to investigate. After a drug dog alerted to the presence of drugs, the officers searched the vehicle and recovered methamphetamine and related evidence.

After...

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