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    United States v. Suggs, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed Edward Keith Suggs, Jr.'s conviction and 65-month sentence for possession of a firearm by a convicted felon. The court found no error in the district court's denial of Suggs' motion to suppress, as the search warrant affidavit did not contain false statements made with reckless disregard for the truth. The court also determined that Suggs' sentence was within the properly calculated Federal Sentencing Guidelines range and the statutory maximum. Therefore, the appeals court had no authority to review the specific sentence imposed by the district court.

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    United States v. Suggs, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed Edward Keith Suggs, Jr.'s conviction and 65-month sentence for possession of a firearm by a convicted felon. The court found no error in the district court's denial of Suggs' motion to suppress, as the search warrant affidavit did not contain false statements made with reckless disregard for the truth. The court also determined that Suggs' sentence was within the properly calculated Federal Sentencing Guidelines range and the statutory maximum. Therefore, the appeals court had no authority to review the specific sentence imposed by the district court.

    Original Description:

    Filed: 2004-04-29 Precedential Status: Non-Precedential Docket: 03-4846

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    The United States Court of Appeals for the Fourth Circuit affirmed Edward Keith Suggs, Jr.'s conviction and 65-month sentence for possession of a firearm by a convicted felon. The court found no error in the district court's denial of Suggs' motion to suppress, as the search warrant affidavit did not contain false statements made with reckless disregard for the truth. The court also determined that Suggs' sentence was within the properly calculated Federal Sentencing Guidelines range and the statutory maximum. Therefore, the appeals court had no authority to review the specific sentence imposed by the district court.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    24 views3 pages

    United States v. Suggs, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Edward Keith Suggs, Jr.'s conviction and 65-month sentence for possession of a firearm by a convicted felon. The court found no error in the district court's denial of Suggs' motion to suppress, as the search warrant affidavit did not contain false statements made with reckless disregard for the truth. The court also determined that Suggs' sentence was within the properly calculated Federal Sentencing Guidelines range and the statutory maximum. Therefore, the appeals court had no authority to review the specific sentence imposed by the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-4846

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    EDWARD KEITH SUGGS, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, District
    Judge. (CR-03-110)

    Submitted:

    April 21, 2004

    Decided:

    April 29, 2004

    Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen, III, Federal Public Defender, Eric D. Placke,


    Assistant Federal Public Defender, Greensboro, North Carolina, for
    Appellant.
    Angela Hewlett Miller, OFFICE OF THE UNITED STATES
    ATTORNEY, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Edward Keith Suggs, Jr., pled guilty to possession of a
    firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1)
    (2000).

    The district court sentenced Suggs to sixty-five months

    imprisonment followed by three years of supervised release.


    appeals his conviction and sentence.

    Suggs

    Counsel has filed a brief in

    accordance with Anders v. California, 386 U.S. 738 (1967), raising


    two issues but stating that, in his view, there are no meritorious
    grounds for appeal.

    Suggs was informed of his right to file a pro

    se supplemental brief but has not done so.

    Finding no error, we

    affirm.
    Counsel first questions whether the district court erred
    by denying Suggss motion to suppress. Factual findings underlying
    a motion to suppress are reviewed for clear error, and legal
    determinations are reviewed de novo. Ornelas v. United States, 517
    U.S. 690, 691 (1996).
    we

    review

    Government.
    1998).

    the

    When a suppression motion has been denied,

    evidence

    in

    the

    light

    most

    favorable

    to

    the

    United States v. Seidman, 156 F.3d 542, 547 (4th Cir.

    Guided by these standards, we find no error in the district

    court's determination that the affidavit supporting the search


    warrant for Suggss residence, though perhaps inartfully written,
    did not contain false statements in reckless disregard for the
    truth.

    See Franks v. Delaware, 438 U.S. 154 (1978).

    - 2 -

    Next, Suggs challenges the sixty-five month sentence


    imposed by the district court.
    was correctly calculated.

    We find that the guideline range

    Furthermore, because the sentence is

    within the properly calculated guideline range and the statutory


    maximum penalty for the offense, this court has no authority to
    review the district courts imposition of this specific sentence.
    United States v. Porter, 909 F.2d 789, 794 (4th Cir. 1990).
    As required by Anders, we have examined the entire record
    and find no meritorious issues for appeal.
    Suggs's conviction and sentence.

    Accordingly, we affirm

    This court requires that counsel

    inform his client, in writing, of his right to petition the Supreme


    Court of the United States for further review.

    If the client

    requests that a petition be filed, but counsel believes that such


    a petition would be frivolous, then counsel may move in this court
    for leave to withdraw from representation.

    Counsel's motion must

    state that a copy thereof was served on the client.


    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

    - 3 -

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