United States v. Lewis

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1855


UNITED STATES,

Appellee,

v.

DANIEL LEWIS,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Francis J. Boyle, Senior U.S. District Judge] __________________________

____________________

Before

Boudin, Stahl and Lynch,
Circuit Judges. ______________

____________________

James L. Sultan, Charles W. Rankin and Rankin & Sultan on brief ________________ __________________ ________________
for appellant.
Sheldon Whitehouse, United States Attorney, Margaret E. Curran __________________ ___________________
and Gerard B. Sullivan, Assistant United States Attorneys, on brief ___________________
for appellee.


____________________

January 26, 1998
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Per Curiam. Upon careful review of the briefs and __________

record, we conclude that the pat-frisk of defendant was a

permissible search and that district court correctly denied

suppression of the evidence discovered during that search.

We reach this conclusion essentially for the reasons

expressed by the district court in its order dated September

9, 1996. We thus reject defendant's appellate contentions

that the officers lacked a reasonable suspicion grounded in

specific and articulable facts to justify the search and that

the officer conducting the search personally did not possess

such a reasonable suspicion.

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___





























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