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    United States v. Gaither, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed Ronald Lewis Gaither Jr.'s conviction for being a felon in possession of a weapon. Gaither had entered a guilty plea conditioned on his right to appeal the denial of his motion to suppress the pistol found in his waistband during a Terry stop and search. The appellate court reviewed the suppression hearing and found that the district court did not clearly err in its determination of the facts surrounding Gaither's stop and search, and that the officers had reasonable suspicion to conduct the stop under Terry v. Ohio. Therefore, the court affirmed Gaither's conviction.

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    United States v. Gaither, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed Ronald Lewis Gaither Jr.'s conviction for being a felon in possession of a weapon. Gaither had entered a guilty plea conditioned on his right to appeal the denial of his motion to suppress the pistol found in his waistband during a Terry stop and search. The appellate court reviewed the suppression hearing and found that the district court did not clearly err in its determination of the facts surrounding Gaither's stop and search, and that the officers had reasonable suspicion to conduct the stop under Terry v. Ohio. Therefore, the court affirmed Gaither's conviction.

    Original Description:

    Filed: 2000-07-11 Precedential Status: Non-Precedential Docket: 00-4017

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    The United States Court of Appeals for the Fourth Circuit affirmed Ronald Lewis Gaither Jr.'s conviction for being a felon in possession of a weapon. Gaither had entered a guilty plea conditioned on his right to appeal the denial of his motion to suppress the pistol found in his waistband during a Terry stop and search. The appellate court reviewed the suppression hearing and found that the district court did not clearly err in its determination of the facts surrounding Gaither's stop and search, and that the officers had reasonable suspicion to conduct the stop under Terry v. Ohio. Therefore, the court affirmed Gaither's conviction.

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    United States v. Gaither, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed Ronald Lewis Gaither Jr.'s conviction for being a felon in possession of a weapon. Gaither had entered a guilty plea conditioned on his right to appeal the denial of his motion to suppress the pistol found in his waistband during a Terry stop and search. The appellate court reviewed the suppression hearing and found that the district court did not clearly err in its determination of the facts surrounding Gaither's stop and search, and that the officers had reasonable suspicion to conduct the stop under Terry v. Ohio. Therefore, the court affirmed Gaither's conviction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-4017

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    RONALD LEWIS GAITHER, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR98-466)

    Submitted:

    June 27, 2000

    Decided:

    July 11, 2000

    Before MURNAGHAN, MOTZ, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    James Wyda, Federal Public Defender, Susan M. Bauer, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Lynne A. Battaglia, United States
    Attorney, Rod J. Rosenstein, Assistant United States Attorney,
    Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ronald Lewis Gaither, Jr., appeals from his conviction for
    being a felon in possession of a weapon, 18 U.S.C. 922(g) (1994).
    Gaither entered a guilty plea conditioned upon his right to appeal
    the denial of his motion to suppress the pistol found in his
    waistband.

    We have reviewed the suppression hearing and do not

    find that the district court clearly erred in its determination of


    the facts surrounding Gaithers stop and search under Terry v.
    Ohio, 392 U.S. 1 (1968), nor do we find that the court erred by
    concluding that the officers had reasonable suspicion to effect the
    stop.

    See Ornelas v. United States, 517 U.S. 690, 699 (1996)

    (stating standard of review); United States v. Rusher, 966 F.2d


    868, 873 (4th Cir. 1992) (same).
    conviction.

    Accordingly, we affirm Gaithers

    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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