United States DC Circuit

A conviction for unlawful possession with intent to distribute cocaine base is affirmed over defendant's claim that drugs and cash found in a hidden compartment in his van should have been suppressed because police officers detained him without a reasonable, articulable suspicion or, alternatively, because they arrested him without probable cause, based solely upon seeing he had an "ASP baton"; however, his sentence is remanded pursuant to a Booker claim.

Appellate Information

• Argued 02/07/2006
• Decided 07/07/2006
• Published 07/07/2006

Judges

• GINSBURG, Chief Judge., Before:  GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.  Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Florence Pan, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III and David B. Goodhand, Assistant U.S. Attorneys.