United States v. Carrier , 71 F. App'x 261 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4048
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID P. CARRIER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CR-02-443-AW)
Submitted: July 23, 2003 Decided: August 18, 2003
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Frank R. Jones, SASSCER, CLAGETT & BUCHER, Upper Marlboro,
Maryland, for Appellant. Thomas M. DiBiagio, United States
Attorney, Hollis Raphael Weisman, Assistant United States Attorney,
Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David P. Carrier was convicted of driving under the influence
of alcohol by a magistrate judge and his conviction was affirmed on
appeal by the district court. On appeal to this court he raises one
issue: whether the magistrate judge should have granted his motion
to suppress the evidence gathered following the investigative stop
of his vehicle. For the reasons that follow, we affirm.
Viewing the evidence as required, see United States v.
Seidman, 156 F.3d 542, 547 (4th Cir. 1998), we find that the
magistrate judge, and district court on appeal, properly found that
the involved officer had a reasonable suspicion that Carrier was
driving under the influence of alcohol when she stopped him. See
United States v. Sharpe, 470 U.S. 675, 682 (1985); United States v.
Rusher, 966 F.2d 868, 873 (4th Cir. 1992) (giving review standard).
Accordingly, we affirm. 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.
AFFIRMED
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