United States v. Dumas

Fourth Circuit

United States v. Dumas

190 F. App'x 310

CourtCourt of Appeals for the Fourth Circuit

DecidedJuly 18, 2006

Docket05-4640

StatusUnpublished

This text of 190 F. App'x 310 (United States v. Dumas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Dumas, 190 F. App'x 310 (4th Cir. 2006).

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Opinion

PER CURIAM:

Willie Dumas, III, appeals his conviction and 262-month sentence for conspiracy to possess with intent to distribute fifty grams or more of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846 (2000). Dumas pleaded guilty but reserved the right to appeal the district court’s denial of his motion to suppress evidence and statements. We affirm.

The factual findings underlying a motion to suppress are reviewed for clear error, *311 while the legal determinations are reviewed de novo. See Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Rusher, 966 F.2d 868, 873 (4th Cir.1992). When a suppression motion has been denied, we review the evidence in the light most favorable to the government. See United States v. Seidman, 156 F.3d 542, 547 (4th Cir.1998).

To assert a Fourth Amendment challenge to the Government’s use of evidence obtained during the search of the plastic shopping bag, Dumas must establish that he had “a legitimate expectation of privacy” in the bag. See Raleas v. Illinois, 439 U.S. 128, 148-49, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). “A subjective expectation of privacy is legitimate if it is one that society is prepared to recognize as reasonable.” Minnesota v. Olson, 495 U.S. 91, 95-96, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990). The defendant has the burden of showing that he has a reasonable expectation of privacy in the area searched. See Rawlings v. Kentucky, 448 U.S. 98, 104, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980). Our review of the record leads us to conclude that the district court correctly denied Dumas’ motion to suppress evidence and statements.

We grant Dumas’ motion to file a pro se supplemental brief. We have considered the arguments presented in that brief and find them to be without merit. We therefore affirm Dumas’ conviction and sentence. 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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PER CURIAM:

Willie Dumas, III, appeals his conviction and 262-month sentence for conspiracy to possess with intent to distribute fifty grams or more of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846 (2000). Dumas pleaded guilty but reserved the right to appeal the district court’s denial of his motion to suppress evidence and statements. We affirm.

The factual findings underlying a motion to suppress are reviewed for clear error, *311 while the legal determinations are reviewed de novo. See Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Rusher, 966 F.2d 868, 873 (4th Cir.1992). When a suppression motion has been denied, we review the evidence in the light most favorable to the government. See United States v. Seidman, 156 F.3d 542, 547 (4th Cir.1998).

To assert a Fourth Amendment challenge to the Government’s use of evidence obtained during the search of the plastic shopping bag, Dumas must establish that he had “a legitimate expectation of privacy” in the bag. See Raleas v. Illinois, 439 U.S. 128, 148-49, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). “A subjective expectation of privacy is legitimate if it is one that society is prepared to recognize as reasonable.” Minnesota v. Olson, 495 U.S. 91, 95-96, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990). The defendant has the burden of showing that he has a reasonable expectation of privacy in the area searched. See Rawlings v. Kentucky, 448 U.S. 98, 104, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980). Our review of the record leads us to conclude that the district court correctly denied Dumas’ motion to suppress evidence and statements.

We grant Dumas’ motion to file a pro se supplemental brief. We have considered the arguments presented in that brief and find them to be without merit. We therefore affirm Dumas’ conviction and sentence. 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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