United States v. Simons ( 2001 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-4571
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    MARK L. SIMONS,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern Dis-
    trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis-
    trict Judge. (CR-98-375)
    Submitted:   January 31, 2001             Decided:   March 19, 2001
    Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Marvin D. Miller, LAW OFFICES OF MARVIN D. MILLER, Alexandria,
    Virginia, for Appellant. Helen F. Fahey, United States Attorney,
    G. David Hackney, Assistant United States Attorney, Alexandria,
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    This case is before us on appeal of the district court’s deci-
    sion on remand as to whether government agents intentionally and
    deliberately disregarded the notice provisions of Fed. R. Crim. P.
    41(d) such that the motion to suppress filed by Mark L. Simons
    should be granted.   See United States v. Simons, 
    206 F.3d 392
     (4th
    Cir. 2000).   On remand, the district court heard evidence and had
    the opportunity to assess the credibility of the witnesses as to
    the pertinent issue.   The district court concluded that the gov-
    ernment’s violation of Rule 41(d) in this case was, at most,
    negligent.
    We have reviewed the record and the district court’s opinion
    and find no reversible error.   Accordingly, we affirm the district
    court’s decision. 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
    2
    

Document Info

Docket Number: 00-4571

Judges: Wilkins, Niemeyer, Hamilton

Filed Date: 3/19/2001

Precedential Status: Non-Precedential

Modified Date: 11/6/2024