Elawyers Elawyers
Washington| Change

United States v. Levesque, 96-1910 (1997)

Court: Court of Appeals for the First Circuit Number: 96-1910 Visitors: 6
Filed: Apr. 03, 1997
Latest Update: Mar. 02, 2020
Summary:  JONATHAN S. LEVESQUE APPEAL FROM THE UNITED STATES DISTRICT COURT ______________ ______________, First Assistant United States Attorney, were on brief, for, appellee. David A. Vicinanzo, Assistant United States, ______________________, Attorney, with whom Paul M. Gagnon, United States Attorney
USCA1 Opinion









[NOT FOR PUBLICATION]

United States Court of Appeals
For the First Circuit
____________________


No. 96-1910

UNITED STATES OF AMERICA,

Plaintiff, Appellee,

v.

JONATHAN S. LEVESQUE,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________

____________________

Before

Lynch, Circuit Judge, _____________

Aldrich and Bownes, Senior Circuit Judges. _____________________

____________________

Jonathan R. Saxe, with whom Twomey & Sisti Law Offices were ________________ __________________________
on brief, for appellant.

David A. Vicinanzo, Assistant United States Attorney, with __________________
whom Paul M. Gagnon, United States Attorney, and Peter E. Papps, ______________ ______________
First Assistant United States Attorney, were on brief, for
appellee.

____________________
MARCH 13, 1997
____________________



















Per Curiam. Levesque appeals from the denial of Per Curiam. __________

his motion to suppress which challenges the legality of

searches and seizures. Those searches and seizures, which

arose initially out of a routine traffic stop, produced

approximately 328 pounds of marijuana, which ultimately led

to criminal charges against Levesque, said to be the person

for whom the marijuana was intended.

Two men from New Hampshire, one in a U-Haul truck

and one in a Dodge pick-up, were stopped on a Kansas highway

by state troopers and found to have marijuana hidden in those

vehicles. They were arrested. The driver of the pick-up

truck told the authorities that the marijuana was destined

for Jonathan Levesque. A controlled delivery was arranged,

and Levesque was subsequently arrested. Levesque pled guilty

to possession of marijuana with intent to distribute,

reserving his right to challenge the district court's denial

of his motion to suppress various items of evidence stemming

from the stops and searches of the U-Haul and Dodge trucks.

Levesque now appeals.

Like the district court, we do not reach the issue

of whether Levesque had standing to challenge the searches

and seizures at issue. The district court found that the

challenged searches and seizures were valid and conducted

within constitutional limits. We agree and affirm on the

district court's well-reasoned opinion. Local Rule 27.1.



-2- 2













Affirmed. ________

ON]



United States Court of Appeals

For the First Circuit

____________________





No. 96-1910



UNITED STATES OF AMERICA,



Plaintiff, Appellee,



v.



JONATHAN S. LEVESQUE,



Defendant, Appellant.



____________________



APPEAL FROM THE UNITED STATES DISTRICT COURT



FOR THE DISTRICT OF NEW HAMPSHIRE



-3- 3













[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________



____________________



Before



Lynch, Circuit Judge, _____________



Aldrich and Bownes, Senior Circuit Judges. _____________________



____________________



Jonathan R. Saxe, with whom Twomey & Sisti Law _________________ ____________________
Offices were on brief, for appellant. _______

David A. Vicinanzo, Assistant United States ______________________
Attorney, with whom Paul M. Gagnon, United States Attorney, ______________
and Peter E. Papps, First Assistant United States Attorney, _______________
were on brief, for appellee.

____________________
MARCH 13, 1977
____________________

















-4- 4













Per Curiam. Levesque appeals from the denial of Per Curiam. __________

his motion to suppress which challenges the legality of

searches and seizures. Those searches and seizures, which

arose initially out of a routine traffic stop, produced

approximately 328 pounds of marijuana, which ultimately led

to criminal charges against Levesque, said to be the person

for whom the marijuana was intended.

Two men from New Hampshire, one in a U-Haul truck

and one in a Dodge pick-up, were stopped on a Kansas highway

by state troopers and found to have marijuana hidden in those

vehicles. They were arrested. The driver of the pick-up

truck told the authorities that the marijuana was destined

for Jonathan Levesque. A controlled delivery was arranged,

and Levesque was subsequently arrested. Levesque pled guilty

to possession of marijuana with intent to distribute,

reserving his right to challenge the district court's denial

of his motion to suppress various items of evidence stemming

from the stops and searches of the U-Haul and Dodge trucks.

Levesque now appeals.

Like the district court, we do not reach the issue

of whether Levesque had standing to challenge the searches

and seizures at issue. The district court found that the

challenged searches and seizures were valid and conducted

within constitutional limits. We agree and affirm on the

district court's well-reasoned opinion. Local Rule 27.1.



-2- 2













Affirmed. ________



















































-3- 3






Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer