UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-4569
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EMORY CHILES,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia,
at Clarksburg. Irene M. Keeley, Senior District Judge. (1:18-cr-00007-IMK-MJA-1)
Submitted: March 28, 2019 Decided: April 23, 2019
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
L. Richard Walker, Senior Litigator, Clarksburg, West Virginia, Kristen Leddy, Assistant
Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Martinsburg, West Virginia, for Appellant. William J. Powell, United States Attorney,
Zelda E. Wesley, Assistant United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Following a jury trial, Emory Chiles was convicted of possession with intent to
distribute heroin, use of a firearm during and in relation to a drug trafficking offense, and
unlawful possession of a firearm. The district court sentenced Chiles to a total
imprisonment term of 360 months. On appeal, Chiles challenges the propriety of the
traffic stop of a vehicle in which Chiles was a passenger, the reasonableness of the
duration of the stop, and whether the officers had reasonable suspicion to justify the frisk
of him, which resulted in the officer discovering that Chiles was in possession of a
firearm.
We review the factual findings underlying the denial of a motion to suppress for
clear error and the court’s legal conclusions de novo. United States v. Bullette, 854 F.3d
261, 265 (4th Cir. 2017). Additionally, we “construe the evidence in the light most
favorable to the government—the prevailing party below.” Id. (internal quotation marks
omitted).
With these standards in mind, we have considered carefully the arguments raised
by Chiles on appeal and conclude for the reasons stated by the district court that the court
properly denied the motion to suppress. United States v. Chiles, No. 1:18-cr-00007-IMK-
MJA-1 (N.D.W. Va. Apr. 13, 2018). Accordingly, we affirm the judgment of the district
court entered on August 7, 2018. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
AFFIRMED
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