UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4361
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN W. STINSON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T.
Copenhaver, Jr., District Judge. (2:07-cr-00167-1)
Submitted: October 10, 2008 Decided: October 24, 2008
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Lex A. Coleman,
Assistant Federal Public Defender, Jonathan D. Byrne, OFFICE OF
THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for
Appellant. Charles T. Miller, United States Attorney, Lisa G.
Johnston, Assistant United States Attorney, Huntington, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John W. Stinson, Jr., pled guilty to possession of a
firearm by a convicted felon in violation of 18 U.S.C.
'' 922(g)(1), 924(a)(2) (2000). In his plea agreement, Stinson
reserved the right to challenge the denial of his motion to
suppress evidence. We have carefully considered the arguments
of counsel and the evidence presented to the district court, and
we conclude that the district court did not clearly err in
finding that Stinson lacked a reasonable expectation of privacy
in the residence of his girlfriend and that Stinson was not in
custody at the time he made his admissions of ownership of the
gun, and therefore the statements were not taken in violation of
his Fifth Amendment rights. United States v. Rusher, 966 F.2d
868, 873 (4th Cir. 1992) (providing standard of review); see
Miranda v. Arizona, 384 U.S. 436 (1966). We affirm the denial
of the motion to suppress, and therefore affirm Stinson=s
conviction for the reasons stated by the district court. 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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