United States v. Allison, 101810 FED4, 09-4328

Docket Nº:09-4328
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY JOSEPH ALLISON, Defendant-Appellant.
Attorney:Matthew Segal, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Mark A. Jones, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Claire J. Rauscher, Executive Director, Fredilyn Sison, FEDERAL DEFENDERS OF WESTERN NORTH CARO...
Judge Panel:Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Case Date:October 18, 2010
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
FREE EXCERPT

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

ANTHONY JOSEPH ALLISON, Defendant-Appellant.

No. 09-4328

United States Court of Appeals, Fourth Circuit

October 18, 2010

UNPUBLISHED

Argued: September 24, 2010

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:08-cr-00085-LHT-l).

ARGUED:

Matthew Segal, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant.

Mark A. Jones, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

ON BRIEF:

Claire J. Rauscher, Executive Director, Fredilyn Sison, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant.

Edward R. Ryan, Acting United States Attorney, Charlotte, North Carolina, Amy E. Ray, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Allison appeals from an order of the district court denying his motion to suppress a gun found in a car in which he had been a passenger. We affirm.

I.

On January 11, 2008, a police officer, Sgt. John Hamrick, spotted two men in a Ford Explorer on a residential street in Shelby, North Carolina. Victor Jerome Wade was driving the Explorer and Allison was seated in the front seat beside him. Sgt. Hamrick, however, mistakenly thought that he recognized the driver as Zavious Wells, a man wanted for a probation violation. Sgt. Hamrick and his partner, Officer Brandon Carpenter, made a U-turn and began to follow the Explorer, with the intent to make a traffic stop. Shortly thereafter, Wade drove the Explorer into a driveway next to, and toward the rear of, a house. The officers parked in the driveway behind the Explorer.

Allison and Wade emerged from the Explorer and then noticed the police officers, who had also exited their vehicle. Allison and Wade moved toward the front door of the house. The officers approached them, and Sgt. Hamrick said to Wade, "You are not Zavious, but you are Victor." Sgt. Hamrick later testified at the suppression hearing that he knew...

To continue reading

FREE SIGN UP