UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4699
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DESMAL ALBRIGHT HAIRSTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-98-121)
Submitted: May 13, 1999 Decided: May 20, 1999
Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
Robert Stanley Powell, Arlington Virginia, for Appellant. Helen F.
Fahey, United States Attorney, Andrew James McKenna, Special Assis-
tant United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Desmal Hairston appeals his conviction by a jury for operating
a motor vehicle while an habitual offender under the Assimilated
Crimes Act, 18 U.S.C.A. § 13 (West 1994 & Supp. 1999) and Va. Code
Ann. § 46.2-357(B)(3) (Michie 1998). Hairston contends that the
district court erred in denying his motion to suppress evidence
obtained as a result of an illegal search and seizure. We conclude
that the district court properly found that the search and seizure
conducted on a closed military base was proper. See United States
v. Jenkins, 986 F.2d 76, 78 (4th Cir. 1993). Accordingly, we
affirm Hairston’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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