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United States First Circuit


US v. Brake, 11–1215

Conviction and sentencing of defendant for possession with intent to distribute a controlled substance, 21 U.S.C. section 841(a)(1), are upheld where the district court correctly denied suppression motion where defendant's Fourth Amendment right was not violated through an unlawful Terry stop, an illegal frisk, and an involuntary consent to search.

Appellate Information

  • Decided 12/30/2011
  • Published 12/30/2011

Judges

  • Before LIPEZ, SELYA and HOWARD, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Bjorn Lang, Assistant Federal Public Defender, for appellant.

  • For Appellees:
  • Seth R. Aframe, Assistant United States Attorney, with whom John P. Kacavas, United States Attorney, was on brief, for appellee.
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