United States v. Lynch , 268 F. App'x 205 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4590
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIMOTHY J. LYNCH,
Defendant- Appellant.
No. 07-4609
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIMOTHY J. LYNCH,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:06-cr-00454-REP; 3:03-cr-00115-REP)
Submitted: February 27, 2008 Decided: March 5, 2008
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Federal Public Defender, Mary E. Maguire,
Assistant Federal Public Defender, Richmond, Virginia, for
Appellant. Chuck Rosenberg, United States Attorney, Stephen W.
Miller, Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Timothy J. Lynch pled guilty to possession with intent to
distribute heroin within 1000 feet of a public school. In his plea
agreement, he reserved the right to challenge the denial of his
motion to suppress. In appeal No. 07-4590, Lynch challenges his
conviction, asserting that the district court clearly erred in
determining that the officers had reasonable suspicion to believe
that he was involved in criminal activity and that he might be
armed. In appeal No. 07-4609, Lynch appeals from the twenty-four-
month prison term the district court imposed after revoking the
supervised release term he was serving at the time of his unlawful
possession of heroin. He requests that this court remand the
supervised release case for resentencing if we find that the
district court erred in denying his motion to suppress.
We have carefully considered the arguments of counsel and
the evidence presented to the district court, and we conclude that
the district court did not clearly err. United States v. Rusher,
966 F.2d 868, 873 (4th Cir. 1992) (providing standard of review).
Thus, we affirm the denial of the motion to suppress for the
reasons stated by the district court. Accordingly, Lynch’s
conviction and the order on revocation of supervised release are
also affirmed. We dispense with oral argument because the facts
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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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