United States v. Collins

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-4182

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

ANTONIO COLLINS,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:08-cr-00283-1)

Submitted: July 30, 2010 Decided: August 10, 2010

Before TRAXLER, Chief Judge, and NIEMEYER and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, Appellate Counsel, Christian M. Capece, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Monica L. Dillon, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Antonio Collins pleaded guilty to being a felon in

possession of a firearm, in violation of 28 U.S.C. §§ 922(g)(1)

and § 924(a)(2). Pursuant to a plea agreement, Collins

preserved his right to appeal the denial of his motion to

suppress evidence of the firearm seized from his person during a

pat-down of his clothing, conducted in conjunction with the

search of a vehicle in which he was riding as a passenger. We

have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we affirm on the

reasoning of the district court. See United States v. Collins,

650 F.Supp.2d 527 (S.D.W.Va. 2009). 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