Filed: Jan. 16, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60472 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHAZ VALRIE, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:01-CR-145-2-D - January 16, 2003 Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM:* Chaz Valrie challenges his conditional guilty-plea conviction and 72-month sentence for armed bank robbery, in violation of
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60472 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHAZ VALRIE, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:01-CR-145-2-D - January 16, 2003 Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM:* Chaz Valrie challenges his conditional guilty-plea conviction and 72-month sentence for armed bank robbery, in violation of 1..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60472
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHAZ VALRIE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:01-CR-145-2-D
--------------------
January 16, 2003
Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM:*
Chaz Valrie challenges his conditional guilty-plea
conviction and 72-month sentence for armed bank robbery, in
violation of 18 U.S.C. § 2113(a). He contends that the district
court erred in denying his motion to suppress the evidence
resulting from the stop of his vehicle, renewing his argument
that there was no reasonable suspicion to justify the stop
because it was based on a mere tip by a person not known to the
officer conducting the stop, Deputy Porter, which information was
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-60472
-2-
not specific enough to be reliable, citing Florida v. J.L.,
529
U.S. 266, 271 (2000).
Contrary to Valrie’s assertion, Officer Porter had
reasonable suspicion for the stop because an eyewitness to the
robbery had called 911 to report that a bank robbery had been
committed by two heavyset black males who left the scene in an
older model brown car, which information he knew had been
confirmed by an officer at the scene, and because, when Officer
Porter observed two heavyset black males in an older brown car in
the vicinity of the robbery, both passenger and driver acted
suspiciously. See United States v. Burbridge,
252 F.3d 775, 778
(5th Cir. 2001); United States v. Wangler,
987 F.2d 228, 230 (5th
Cir. 1993); see also
J.L., 529 U.S. at 271. The district court
therefore did not err in denying Valrie’s motion to suppress.
Valrie next contends that the district court erred in
permitting the Government to reopen its case during closing
arguments to present additional testimony by the eyewitness who
made the original 911 call regarding the bank robbery. We uphold
the district court’s ruling because Valrie has not shown how the
reopening, even if error, was not harmless. See FED. R. CRIM. P.
52(a).
The district court’s judgment is AFFIRMED.