United States v. Cureton, 022610 FED4, 08-5235

Docket Nº:08-5235
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAYMOND LAVONNE CURETON, Defendant-Appellant.
Attorney:Ross Hall Richardson, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Mark Andrew Jones, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Claire J. Rauscher, Executive Director, Cecilia Oseguera, FEDERAL DEFENDERS OF WESTE...
Judge Panel:Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and John Preston BAILEY, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.
Case Date:February 26, 2010
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
FREE EXCERPT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

RAYMOND LAVONNE CURETON, Defendant-Appellant.

No. 08-5235

United States Court of Appeals, Fourth Circuit

February 26, 2010

UNPUBLISHED

Argued: December 3, 2009

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3: 07-cr-00037-RJC-1)

ARGUED:

Ross Hall Richardson, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

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

ON BRIEF:

Claire J. Rauscher, Executive Director, Cecilia Oseguera, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

Edward R. Ryan, Acting United States Attorney, Charlotte, North Carolina, for Appellee.

Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and John Preston BAILEY, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Raymond Lavonne Cureton pled guilty to possessing a firearm in violation of 18 U.S.C. § 922(g) (1), preserving the right to appeal the district court's denial of his motion to suppress. We affirm.

I.

The following evidence was developed during the suppression hearing. On August 10, 2006, around 4:30 p.m., Charlotte police dispatch received a 911 call from Syd Neely of the Charlotte Sanitation Department; Syd identified himself by his first name and provided a phone number. Syd stated that he was Cureton's supervisor and that Cureton's co-workers reported that Cureton was carrying a .357 handgun while on his garbage route. Moreover, Syd provided Cureton's date of birth, full name, assigned truck number and his approximate location. Finally, Syd asserted his belief that Cureton was a convicted felon.

Officer Nesbitt received the call from dispatch relaying the information supplied by Syd's phone call. Officer Nesbitt already knew Cureton, who had been working for local law enforcement as a confidential informant. Officer Nesbitt knew that Cureton was a convicted felon and that his criminal history included "several gun charges." J.A. 29. Using the number supplied by Syd, Officer Nesbitt called and requested Cureton's current location. Syd subsequently notified Officer Nesbitt that Cureton's truck had returned from its route and was parked at...

To continue reading

FREE SIGN UP