100 F.3d 950 (4th Cir. 1996), 95-5422, U.S. v. Jackson

Docket Nº:95-5422.
Citation:100 F.3d 950
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Thomas Roderick JACKSON, Defendant-Appellant.
Case Date:November 01, 1996
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 950

100 F.3d 950 (4th Cir. 1996)

UNITED STATES of America, Plaintiff-Appellee,

v.

Thomas Roderick JACKSON, Defendant-Appellant.

No. 95-5422.

United States Court of Appeals, Fourth Circuit

November 1, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued June 7, 1996.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, District Judge. (CR-94-494-A)

E.D.Va.

AFFIRMED IN PART, VACATED IN PART.

ARGUED: Christopher Allen Griffiths, ROBERTS & WOOD, Riverdale, Maryland, for Appellant. Marcus John Davis, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Douglas J. Wood, ROBERTS & WOOD, Riverdale, Maryland, for Appellant. Helen F. Fahey, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Before RUSSELL, WIDENER, and MICHAEL, Circuit Judges.

OPINION

PER CURIAM:

A grand jury in the Eastern District of Virginia returned a four count indictment against Thomas Roderick Jackson on November 23, 1994. Count 1 charged possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). Counts 2 and 3 charged possession of a firearm and ammunition by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Count 4 charged use of a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1).

On December 23, 1994 Jackson moved to suppress evidence seized from his apartment pursuant to a search warrant. After a hearing, the district court denied Jackson's motion on January 20, 1995. At trial on February 7, 1995, Jackson moved for judgment of acquittal on all counts. The court denied the motion with respect to Counts 1 and 4 and took the motion under advisement with respect to Counts 2 and 3. After the jury found him guilty on all four counts, Jackson renewed his motion for judgment of acquittal. The court granted his motion with respect to Counts 2 and 3, which action is not the subject of this appeal.

On May 19, 1995 the district court sentenced Jackson to 33 months' imprisonment and three years of supervised release on Count 1 and 60 months' imprisonment on Count 4, to be served consecutively. On appeal, Jackson challenges the protective sweep of his apartment as an unlawful warrantless search. Jackson's first argument is that there was no justification for a protective sweep. In the alternative, he argues that even if the sweep were justified, the officers exceeded the permissible scope of the sweep by searching in the bathroom vanity and under the bedroom mattress. We affirm the conviction on Count 1, but vacate the conviction on Count 4 on a ground which only became available following trial.

I.

Our review of a district court's denial of a motion to suppress is governed by two standards. We review the factual findings underlying the district court's legal...

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