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UNITED STATES v. BAILEY

No. 22-4134.

74 F.4th 151 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice Sylvester BAILEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Thomas Kieran Maher , AMOS TYNDALL PLLC, Carrboro, North Carolina, for Appellant. Craig Matthew Principe , OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North Carolina, for Appellee. ON BRIEF: Amos G. Tyndall , AMOS TYNDALL PLLC, Carrboro, North Carolina, for Appellant. Sandra J. Hairston , United States Attorney, Terry M. Meinecke , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Gregory wrote the opinion, in which Chief Judge Diaz and Judge Thacker joined.

On September 24, 2019, shortly after witnessing Manley Johnson leave Appellant Maurice Bailey's home, Kannapolis, North Carolina police officer Jeremy Page discovered 0.1 grams of cocaine base during a search of Johnson's vehicle. Officer Page then confronted Bailey about the cocaine sale and instructed him to turn over any...

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