UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4212
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEE A. NEWMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CR-03-118-SGW)
Submitted: September 29, 2004 Decided: October 27, 2004
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Richard L. Derrico, COPENHAVER, ELLETT, CORNELISON & DERRICO,
Roanoke, Virginia, for Appellant. John L. Brownlee, United States
Attorney, Donald R. Wolthuis, Assistant United States Attorney,
Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lee A. Newman appeals from his conviction for possession
with intent to distribute heroin for which he received a 151-month
sentence. Finding no error, we affirm.
Newman’s sole contention on appeal is that the district
court erred in denying his motion to suppress evidence. Legal
conclusions underlying the denial of a motion to suppress are
reviewed de novo and factual findings are reviewed for clear error.
Ornelas v. United States, 517 U.S. 690, 699 (1996); United
States v. Rusher, 966 F.2d 868, 873 (4th Cir. 1992).
We have fully reviewed the materials submitted by the
parties, including the transcript of the suppression hearing and
the district court’s opinion, and find no error in the district
court’s order denying Newman’s motion to suppress evidence.
Accordingly, we affirm.
We grant Newman’s motion to file a supplemental pro se
brief and relevant materials. 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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