UNITED STATES v. THOMAS (2019)

SUMMARY ORDER

Defendant-Appellant Brett Thomas (“Thomas”) appeals from a December 27, 2017 order of the District Court denying his pretrial motion to suppress physical evidence and post-arrest statements obtained during an investigatory stop on June 9, 2016. Specifically, Thomas argues that the District Court erred in failing to suppress bags containing 110 pounds of marijuana, as well as a statement admitting that he had transported between 50 and 100 pounds of marijuana through the area approximately ten other times. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal.

“On appeal from a denial of a suppression motion, we review a district court’s findings of fact for clear error, and its resolution of questions of law and mixed questions of law and fact de novo.” United States v. Gomez, 877 F.3d 76, 85 (2d Cir. 2017). After reviewing the record, we affirm the order denying Thomas’s motion for substantially the reasons given by the District Court in its thorough December 27, 2017 “Memorandum-Decision and Order.” See United States v. Thomas, Case No. 5:16-cr-00271 (FJS), ECF No. 51.

We have reviewed all of the remaining arguments raised by Thomas on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the December 27, 2017 order of the District Court.