United States v. Bennett

Opinions of the United
2003 Decisions States Court of Appeals
for the Third Circuit
4-16-2003
USA v. Bennett
Precedential or Non-Precedential: Non-Precedential
Docket 01-1625
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Recommended Citation
"USA v. Bennett" (2003). 2003 Decisions. Paper 654.
http://digitalcommons.law.villanova.edu/thirdcircuit_2003/654
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 01-1625
_____________
UNITED STATES OF AMERICA
v.
WALI BENNETT,
Appellant
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal Action No. 00-cr-00409)
District Judge: Honorable Stewart Dalzell
Submitted Under Third Circuit LAR 34.1(a)
on March 3, 2003
Before: ROTH, BARRYand FUENTES, Circuit Judges
(Filed April 16, 2003)
OPINION
ROTH, Circuit Judge:
The defendant below, Wali Bennett, was indicted for possession with the intent to
distribute some 16 kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1). The
cocaine had been seized from Bennett by Drug Enforcement Agents (DEA) after Bennett
traveled to Philadelphia from New York by train. Bennett moved to suppress the seized
cocaine; the District Court judge denied the motion. Bennett pled guilty to the single count
in the indictment and was sentenced to ten years imprisonment.
Bennett appealed, and his counsel filed an appellate brief pursuant to Anders v.
California, 386 U.S. 738 (1967). His counsel was unable to identify any non-frivolous
issues to support Bennett’s appeal and moved to withdraw. As required by Anders, counsel
pointed out the issues and portions of the record that might arguably support an appeal.
Bennett was given notice of his attorney's desire to withdraw, as required by Anders, so that
Bennett could raise any issues for appeal in a pro se brief. Bennett failed to do so. We
have reviewed the record and agree that there are no non-frivolous issues to appeal.
Bennett’s counsel addressed whether Bennett could base an appeal on the District
Court’s denial of Bennett’s motion to suppress physical evidence, and counsel determined
that this claim would be frivolous. We agree. Bennett did not preserve his right to
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challenge the pretrial suppression ruling and has waived the issue. See, e.g., United States
v. Bentz, 21 F.3d 37, 38 (3d Cir. 1994) (only a defendant entering into a conditional plea
may appeal preserved issues). Additionally, we agree with the District Court that, in view
of the totality of the circumstances, Bennett was not subject to a Fourth Amendment
seizure. See, e.g., Florida v. Bostick. 501 U.S. 429 (1991). Further, the District Court
found that the agents had reasonable suspicion to seize Bennett for the purposes of a Terry
investigative stop based on their observations of Bennett’s behavior. See generally Terry v.
Ohio, 392 U.S. 1 (1968). Finally, the record demonstrates that Bennett voluntarily
consented to the agents’ search of his bags.
For the foregoing reasons, we will affirm the judgment of the District Court and
grant counsel's request to withdraw.
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TO THE CLERK:
Please file the foregoing Opinion.
By the Court,
/s/ Jane R. Roth
Circuit Judge
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