United States v. White , 404 F. App'x 757 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4278
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRANDEN ALTOMORRE WHITE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon,
Senior District Judge. (3:09-cr-00021-nkm-1)
Submitted: November 15, 2010 Decided: December 10, 2010
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Larry W. Shelton, Federal Public Defender, Frederick T. Heblich,
Jr., Assistant Federal Public Defender, Charlottesville,
Virginia, for Appellant. Timothy J. Heaphy, United States
Attorney, Ronald M. Huber, Assistant United States Attorney,
Joseph D. Platania, Special Assistant United States Attorney,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Branden Altomorre White pled guilty to possession of a
firearm by an unlawful user of a controlled substance, in
violation of 18 U.S.C. § 922(g)(3) (2006). He reserved the
right to appeal the district court’s order denying his motion to
suppress. We affirm.
In reviewing the district court’s ruling on a motion
to suppress, this court reviews the district court’s factual
findings for clear error, and its legal determinations de novo.
United States v. Cain, 524 F.3d 477, 481 (4th Cir. 2008). The
facts are reviewed “in the light most favorable to the
prevailing party below.” United States v. Jamison, 509 F.3d
623, 628 (4th Cir. 2007). Our review of the record leads us to
conclude that the district court did not err in denying White’s
motion to suppress.
Accordingly, we affirm White’s conviction. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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