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  • United States v. James Edward Wooding, 902 F.2d 1567, 4th Cir. (1990)

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    This document summarizes a 1990 appellate court case from the Fourth Circuit Court of Appeals regarding James Edward Wooding's appeal of his conviction for possession with intent to distribute heroin. The court affirmed the district court's denial of Wooding's motion to suppress evidence, agreeing with the district court's finding that the drugs and statements were obtained during a consensual stop and search, based on the district court judge crediting the testimony of the arresting officer over Wooding. The appellate court deferred to the district court's credibility determination since the lower court was in the best position to evaluate the witnesses.

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    Filed: 1990-04-25 Precedential Status: Non-Precedential Citations: 902 F.2d 1567 Docket: 89-5069

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    This document summarizes a 1990 appellate court case from the Fourth Circuit Court of Appeals regarding James Edward Wooding's appeal of his conviction for possession with intent to distribute heroin. The court affirmed the district court's denial of Wooding's motion to suppress evidence, agreeing with the district court's finding that the drugs and statements were obtained during a consensual stop and search, based on the district court judge crediting the testimony of the arresting officer over Wooding. The appellate court deferred to the district court's credibility determination since the lower court was in the best position to evaluate the witnesses.

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    United States v. James Edward Wooding, 902 F.2d 1567, 4th Cir. (1990)

    Uploaded by

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    This document summarizes a 1990 appellate court case from the Fourth Circuit Court of Appeals regarding James Edward Wooding's appeal of his conviction for possession with intent to distribute heroin. The court affirmed the district court's denial of Wooding's motion to suppress evidence, agreeing with the district court's finding that the drugs and statements were obtained during a consensual stop and search, based on the district court judge crediting the testimony of the arresting officer over Wooding. The appellate court deferred to the district court's credibility determination since the lower court was in the best position to evaluate the witnesses.

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    of 2

    902 F.

    2d 1567
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    James Edward WOODING, Defendant-Appellant.
    No. 89-5069.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 17, 1990.
    Decided April 25, 1990.

    Appeal from the United States District Court for the District of Maryland,
    at Baltimore. Frederic N. Smalkin, District Judge. (CR-88-69-S).
    Frederick Warren Bennett, Federal Public Defender; M. Brooke Murdock,
    Assistant Public Defender; Beth M. Farber, Assistant Public Defender, for
    appellant.
    Breckinridge L. Willcox, United States Attorney; Harvey Ellis Eisenberg,
    Assistant United States Attorney, for appellee.
    D.Md.
    AFFIRMED.
    Before SPROUSE and WILKINSON, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    James Edward Wooding entered a conditional plea of guilty to charges of


    possession with intent to distribute heroin. 21 U.S.C. Secs. 841(a)(1) & (b)(1)

    (B)(i). Wooding's conditional plea preserved his right to appeal the district
    court's denial of his pre-trial motions to suppress evidence. Fed.R.Crim.P.
    11(A)(2). On appeal, Wooding maintains that the district court erred in finding
    that the narcotics discovered in his possession and the incriminating statements
    he subsequently made were obtained pursuant to a consensual stop and search.
    2

    We affirm the district court's judgment. At the suppression hearing, the district
    court heard conflicting testimony from Wooding and detective Olivi, the
    arresting officer. Crediting Olivi's version of events as "more believable," the
    court concluded that "no duress or coercion was asserted on the defendant."
    The district court closely observed the witnesses and was in the best position to
    make this determination. Because the court's finding of consent is not clearly
    erroneous, we refuse to disturb it on appeal. United States v. Morrow, 731 F.2d
    233, 236 (4th Cir.1984).

    AFFIRMED.

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