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430 F. App'x 228

United States v. Nicholson

U.S. Courts of Appeals

Decided May 23, 2011

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U.S. Courts of Appeals · decided 2011-05-23

Cited by 2 later decisions (2 by the Supreme Court) — most recently October 2011

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States v. Kelly · Andino-Valenzuela v. United States

Good law ✅— No negative treatment on recordhow we know

Affirmed by unpublished PER CURIAM opinion · Decided 2011-05-23

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PER CURIAM:

¶1 Jevon Raynard Nicholson appeals his conviction and 210-month sentence after entering a conditional guilty plea to one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C.A. §§ 841(a)(1), (b)(1)(B) (West 1999 & Supp.2010). Nicholson asserts that the district court erred when it denied his motions to suppress the fruits of a police search on his vehicle. Because we disagree, we affirm the district court’s judgment.

¶2 In reviewing the district court’s denial of Nicholson’s suppression motions, we review the district court’s factual determinations for clear error and any legal determinations de novo. United States v. Kelly, 592 F.3d 586, 589 (4th Cir.), cert. denied, — U.S. -, 130 S.Ct. 3374, 176 L.Ed.2d 1260 (2010). Because the district court denied Nicholson’s motions, we construe the evidence “in the light most favorable to the government.” Id. We have reviewed the transcript of the suppression hearing and have considered the parties’ arguments and discern .no error in the district court’s denial of Nicholson’s suppression motions.

¶3 Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 AFFIRMED.

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