United States First Circuit

Where the officers could have called in the license plate to determine if the car had been reported stolen, and where the officers testified to different versions of the incident, the district court's credibility determination was not clearly erroneous.

Appellate Information

• Decided 08/20/2001
• Published 08/20/2001

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Timothy Q. Feeley, Assistant U.S. Attorney, with whom Donald K. Stern, United States Attorney, and Donald L. Cabell, Assistant U.S. Attorney, were on brief, for appellant.


• For Appellees:
  
• Brian J. McMenimen, with whom Burke, McMenimen & Payton, was on brief, for appellee Nee., Benjamin D. Entine, with whom Donald K. Freyleue, was on brief, for appellee Kelley.