United States v. Henson , 43 F. App'x 556 ( 2002 )


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  •                          UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                             No. 01-4999
    ZEDRICK HENSON,
    Defendant-Appellant.
    
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                             No. 01-5000
    ROBERT MCCORMICK, JR.,
    Defendant-Appellant.
    
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                             No. 01-5001
    NIGEL D. MARINE,
    Defendant-Appellant.
    
    Appeals from the United States District Court
    for the District of Maryland, at Baltimore.
    Catherine C. Blake, District Judge.
    (CR-01-77-CCB)
    Submitted: July 19, 2002
    Decided: August 2, 2002
    Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
    2                     UNITED STATES v. HENSON
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Kenneth W. Ravenell, SCHULMAN, TREEM, KAMINKOW &
    GILDEN, P.A., Baltimore, Maryland; Paul M. Polansky, THE LAW
    OFFICES OF PAUL M. POLANSKY, Baltimore, Maryland; Joseph
    Murtha, IRWIN, GREEN, DEXTER & MURTHA, L.L.P., Towson,
    Maryland, for Appellants. Thomas M. DiBiagio, United States Attor-
    ney, A. David Copperthite, Assistant United States Attorney, Paul M.
    Tiao, Assistant United States Attorney, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    The Appellants, Zedrick Henson, Robert McCormick, Jr., and
    Nigel Marine, challenge their convictions and sentences, pursuant to
    their guilty pleas, to aiding and abetting, and possession with intent
    to distribute in excess of 500 grams or more of cocaine base, in viola-
    tion of 
    18 U.S.C. § 2
     (1994), 
    21 U.S.C.A. § 841
    (a)(1) (West 1999 &
    Supp. 2002). Henson was sentenced to 235 months incarceration and
    four years supervised release. McCormick was sentenced to 168
    months incarceration and four years supervised release. Marine was
    sentenced to 70 months incarceration and four years supervised
    release.
    On appeal, the Appellants argue the district court erred in denying
    their motions to suppress evidence obtained from a search of a resi-
    dence in Baltimore, Maryland. We review a district court’s legal con-
    clusions on a suppression motion de novo, and the court’s underlying
    UNITED STATES v. HENSON                        3
    factual determinations for clear error. United States v. Seidman, 
    156 F.3d 542
    , 547 (4th Cir. 1998). The Appellants’ challenge is meritless;
    the district court did not err in concluding the search warrant applica-
    tion, viewed under the appropriate standard, established probable
    cause to issue a search warrant for the residence. Murray v. United
    States, 
    487 U.S. 533
    , 542 (1988); United States v. Walton, 
    56 F.3d 551
    , 554-56 (4th Cir. 1995).
    Accordingly, we affirm the district court’s denial of the Appellants’
    suppression motions, and we affirm the Appellants’ convictions and
    sentences. We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before the
    court and argument would not significantly aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 01-4999, 01-5000, 01-5001

Citation Numbers: 43 F. App'x 556

Judges: Michael, Motz, Per Curiam, Traxler

Filed Date: 8/2/2002

Precedential Status: Non-Precedential

Modified Date: 8/6/2023