14 F.3d 597 (4th Cir. 1993), 93-5017, U.S. v. Harris

Docket Nº:93-5017.
Citation:14 F.3d 597
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Lamont HARRIS, Defendant-Appellant.
Case Date:December 10, 1993
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 597

14 F.3d 597 (4th Cir. 1993)

UNITED STATES of America, Plaintiff-Appellee,

v.

Lamont HARRIS, Defendant-Appellant.

No. 93-5017.

United States Court of Appeals, Fourth Circuit

December 10, 1993

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 (See FI CTA4 Rule 36 regarding use of unpublished opinions)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: Oct. 28, 1993.

Appeal from the United States District Court for the Southern District of West Virginia at Charleston.

Edward Henry Weis, Assistant Federal Public Defender, for Appellant.

John Kirk Brandfass, Assistant United States Attorney, for Appellee.

Hunt L. Charach, Federal Public Defender, Leonard Kaplan, Assistant Federal Public Defender, for Appellant.

Michael W. Carey, United States Attorney, for Appellee.

S.D.W.Va.

AFFIRMED

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

PER CURIAM:

OPINION

I.

Lamont Van Harris appeals his conviction for possession with intent to distribute crack cocaine under 21 U.S.C.§ 841(a)(1) and for use of a firearm in relation to the commission of a drug trafficking crime under 18 U.S.C. § 924(c)(1). Among other issues, Harris contends the police executed the arrest warrant and searched his bedroom in violation of his Fourth Amendment rights, and that statements made to the police violated his Sixth Amendment rights. We affirm.

II.

On August 29 and September 4, 1991, the police, through a confidential informant, purchased cocaine base from Harris, who at the time was a juvenile. On March 31, 1992, a state magistrate issued an "adult" warrant for Harris alleging that he unlawfully distributed and possessed crack cocaine. Trooper Bruce Adkins claimed that an informant had told him that Harris was nineteen years old and that he did not know Harris was a juvenile until the day of the arrest. Two other arresting officers corroborated Trooper Adkins' testimony.

On May 22, 1992 Trooper Adkins, Detectives Timothy Tucker and William Hart and Special Agent James Sullivan of the Bureau of Alcohol, Tobacco and Firearms ("ATF") executed the warrant against Harris at his home. Harris' mother admitted the officers and told them Harris was in the bedroom. When the...

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