United States v. Charles M. Russell

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4410
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES T. RUSSELL, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(CR-98-483-DKC)
Submitted: January 28, 2000 Decided: February 11, 2000
Before MURNAGHAN and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Beth M. Farber, Chief Assis-
tant Federal Public Defender, Baltimore, Maryland, for Appellant.
Lynne A. Battaglia, United States Attorney, Gina L. Simms, Assis-
tant United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM
Charles T. Russell appeals his conviction and 292 month sen-
tence following his guilty plea to possession with intent to dis-
tribute crack cocaine in violation of 21 U.S.C. § 841(a)(1) (1994).
Russell asserts that the district court erred in denying his motion
to suppress evidence discovered following an encounter between
Russell and police officers while he sat in his car in a parking
lot.
Our review of the record discloses that the district court
properly concluded the encounter was consensual. See United States
v. Gray, 883 F.2d 320, 322-23 (4th Cir. 1989). Because we agree
with the district court that there was no seizure, all evidence
recovered subsequent to the encounter was admissible. The court
therefore properly denied Russell’s motion to suppress the
evidence.
Accordingly, we affirm Russell’s conviction and sentence. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument could not aid the decisional process.
AFFIRMED
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