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United States v. Kelvin Washington, 4th Cir. (2013)
United States v. Kelvin Washington, 4th Cir. (2013)
No. 12-4915
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:09-cr-00419-WO-1)
Submitted:
Decided:
PER CURIAM:
Kelvin
Lenard
Washington
was
sentenced
to
seventy
count
of
violation
being
of
18
felon
U.S.C.
in
possession
922(g)(1)
of
(2006).
firearm,
He
appeals
in
the
to
suppress
in
the
light
most
favorable
to
the
Government.
Cir. 2008).
consent
to
warrantless
search
for
clear
error.
United
We also
1995).
The Fourth Amendment generally prohibits warrantless
searches, however, an exception exists for searches conducted
pursuant to valid consent.
218, 219 (1973); Trulock v. Freeh, 275 F.3d 391, 401 (4th Cir.
2001).
and
voluntarily.
Trulock,
275
F.3d
at
401.
In
establishing
the
district
court
found
that
Washingtons
from the police officer who conducted the search credible, and
conflicting testimony from Washingtons girlfriend and another
friend
incredible.
The
court
considered
various
factors
in
appeal,
consented
Our
Washington
or
review
contends
alternatively
of
the
record
that
that
any
compels
his
consent
us
to
girlfriend
never
was
involuntary.
reject
Washingtons
contentions.
We conclude that the district court did not clearly
err in finding voluntary consent to the search.
Gordon, 895
F.2d
credibility
at
938.
The
district
court
made
reasoned
1169,
and
properly
considered
the
totality
of
the
401.
difficulty
Accordingly,
we
conclude
without
that
the
district
courts
decision
to
deny
Washingtons
suppression
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED