UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4933
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MATTHEW TROY JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-
03-11)
Submitted: June 23, 2004 Decided: July 6, 2004
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Kenneth W. Ravenell, SCHULMAN, TREEM, KAMINKOW, GILDEN & RAVENELL,
P.A., Baltimore, Maryland, for Appellant. Thomas M. DiBiagio,
United States Attorney, Charles J. Peters, Sr., Assistant United
States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Matthew Troy Johnson appeals his conviction and 262-month
sentence for possession with intent to distribute fifty grams or
more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2000).
The only issue on appeal is whether the district court erred in
refusing to reopen the suppression hearing or reconsider its denial
of Johnson’s motion to suppress evidence. Our review is for abuse
of discretion. United States v. Dickerson, 166 F.3d 667, 678 (4th
Cir. 1999), overruled on other grounds, 530 U.S. 428 (2000).
After reviewing the entire record and the parties’ briefs
on appeal, we conclude that the district court did not abuse its
discretion in refusing to reopen the hearing or reconsider its
denial of the suppression motion. The district court’s conclusions
were based on its credibility determinations, which Johnson does
not challenge. The argument Johnson presented in his motion to
reconsider was insufficient to establish that the district court
erred in refusing to reconsider its suppression ruling.
Accordingly, we affirm Johnson’s 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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