United States v. Jarian Ricks , 590 F. App'x 246 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JARIAN RICKS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:09-cr-00428-WDQ-1; 1:12-cv-01368-WDQ)
Submitted: May 30, 2014 Decided: January 16, 2015
Before DUNCAN and WYNN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jarian Ricks, Appellant Pro Se. Sujit Raman, Assistant United
States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jarian Ricks appeals the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion in which he
asserted that he was entitled to relief under the Supreme
Court’s ruling in United States v. Jones, 132 S. Ct. 945 (2012)
(holding that attachment of a Global Positioning System tracking
device to a vehicle and use of the device to track the vehicle’s
movements constitutes a search within the meaning of the Fourth
Amendment), and that counsel was ineffective for failing to
pursue a challenge to the GPS evidence. We have reviewed the
record and find no reversible error. See United States v.
Stephens, 764 F.3d 327, 338 (4th Cir. 2014) (applying the good
faith exception to the exclusionary rule where warrantless GPS
evidence was obtained prior to the decision in Jones).
Accordingly, we grant leave to proceed in forma pauperis and
affirm the district court’s order. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
2