Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 08-5069
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:08-cr-00007-WO-1)
Submitted:
Decided:
PER CURIAM:
A federal grand jury indicted Craig Quinzel Jones for
possession of a firearm by a felon, in violation of 18 U.S.C.
922(g)(1) (2006).
evidence seized the day of his arrest because the officers who
frisked him did not have reasonable suspicion to perform a Terry *
frisk.
The
his
suppression
motion.
In
reviewing
district
United States v. Cain, 524 F.3d 477, 481 (4th Cir. 2008)
(citation
omitted).
When
the
district
court
denies
United States v.
Grossman, 400 F.3d 212, 216 (4th Cir. 2005) (citation omitted).
[A]n
officer
may,
consistent
with
the
Fourth
is
afoot.
Illinois
v.
Wardlow,
fear
articulable
for
his
suspicion
own
that
528
U.S.
119,
123
(2000)
the
others
safety
suspect
may
based
be
on
armed
an
and
(citing
Terry,
392
U.S.
at
30-31)
(internal
quotation
marks omitted).
The officer must have at least a minimal level of
objective justification for making the stop and must be able
to
articulate
more
than
an
inchoate
and
unparticularized
Courts
giving
due
weight
to
common
sense
judgments
omitted).
Applying
these
principles,
we
conclude
variant
reasonableness,
sentence.
applying
an
We
abuse
3
review
of
sentence
discretion
for
standard.
Gall v. United States, 552 U.S. 38, __, 128 S. Ct. 586, 597
(2007); see also United States v. Seay, 553 F.3d 732, 742 (4th
Cir. 2009).
Finally, we then
consider[]
of
the
substantive
reasonableness
the
sentence
imposed.
the
district
court
did
not
err
in
imposing
variant
sentence two months above the advisory guidelines range and that
the sentence is reasonable.
the district court.
facts
and
legal
contentions
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED