Filed: Oct. 10, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4749 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ANTWAUN ANTHONY AUSTIN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:11-cr-00237-RDB-1) Submitted: September 30, 2014 Decided: October 10, 2014 Before NIEMEYER and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Ni
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4749 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ANTWAUN ANTHONY AUSTIN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:11-cr-00237-RDB-1) Submitted: September 30, 2014 Decided: October 10, 2014 Before NIEMEYER and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Nic..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4749
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTWAUN ANTHONY AUSTIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:11-cr-00237-RDB-1)
Submitted: September 30, 2014 Decided: October 10, 2014
Before NIEMEYER and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Nicholas J. Vitek, VITEK LAW LLC, Baltimore, Maryland, for
Appellant. Rod J. Rosenstein, United States Attorney, Evan T.
Shea, Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
A federal jury convicted Antwaun Anthony Austin of
conspiracy to possess with intent to distribute marijuana, in
violation of 21 U.S.C. § 846 (2012), and possession with intent
to distribute marijuana, in violation of 21 U.S.C. § 841(a)
(2012). The district court sentenced Austin to twenty-four
months of imprisonment, and he now appeals. For the reasons
that follow, we affirm.
On appeal, Austin challenges the district court’s
denial of his motion to suppress text messages discovered on his
cell phones pursuant to a search warrant that police obtained
after seizing his cell phones. “We review the factual findings
underlying a motion to suppress for clear error and the district
court’s legal determinations de novo.” United States v. Davis,
690 F.3d 226, 233 (4th Cir. 2012). We conclude that the
district court did not err in ruling that the officers lawfully
seized Austin’s cell phones. See, e.g., United States v. Brown,
701 F.3d 120 (4th Cir. 2012).
Accordingly, we affirm the judgment of the district
court. 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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