United States v. Collins

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4182
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTONIO COLLINS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver,
Jr., District Judge. (2:08-cr-00283-1)
Submitted: July 30, 2010 Decided: August 10, 2010
Before TRAXLER, Chief Judge, and NIEMEYER and DUNCAN, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,
Appellate Counsel, Christian M. Capece, Assistant Federal Public
Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston,
West Virginia, for Appellant. Charles T. Miller, United States
Attorney, Monica L. Dillon, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antonio Collins pleaded guilty to being a felon in
possession of a firearm, in violation of 28 U.S.C. §§ 922(g)(1)
and § 924(a)(2). Pursuant to a plea agreement, Collins
preserved his right to appeal the denial of his motion to
suppress evidence of the firearm seized from his person during a
pat-down of his clothing, conducted in conjunction with the
search of a vehicle in which he was riding as a passenger. We
have reviewed the record and the district court’s opinion and
find no reversible error. Accordingly, we affirm on the
reasoning of the district court. See United States v. Collins,
650 F.Supp.2d 527 (S.D.W.Va. 2009). 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
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