United States First Circuit

Defendant's conviction and sentence for drug possession are affirmed where: 1) there was reasonable suspicion to stop the vehicle in which defendant was a passenger; 2) the manner in which the agents conducted the stop was reasonable in light of their legitimate safety concerns and, therefore, the stop did not escalate into a de facto arrest; 3) the motion to suppress was properly denied where the district court's finding that the drugs on defendant's person were in plain sight is not clearly erroneous; and 4) the district court properly considered the 1997 felony drug conviction in enhancing defendant's sentence under 21 U.S.C. section 841(a)(1)(B)(iii).

Appellate Information

• Decided 12/05/2012
• Published 12/05/2012

Judges

• Ripple

Court

• United States First Circuit

Counsel