United States Fourth Circuit

In a prosecution for firearms possession and drug possession, defendant's sentence and a denial of his motion to suppress are affirmed where: 1) the totality of the circumstances surrounding the defendant's encounter with police would give rise to reasonable suspicion to support a Terry stop and a subsequent pat down; and 2) there was no error in an upward departure from the recommended Guidelines sentence based on the substantial underrepresentation of the defendant's criminal history.

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Lassiter, Jr., Jefferson & Lassiter, Richmond, Virginia, for Appellant.  Richard Daniel Cooke, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Chuck Rosenberg, United States Attorney, Matthew C. Ackley, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.