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No. 09-4092
Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:99-cr-70105-jlk-1)
Submitted:
Decided:
PER CURIAM:
On July 27, 1999, Anthony Charles Brown was charged in
state court in Danville, Virginia with transporting one ounce or
more of cocaine into Virginia with the intent to distribute.
After his release on $50,000 bond, Brown failed to appear for a
hearing on September 14, 1999, and a warrant was issued for his
arrest.
grams
possessing
of
cocaine
841(a)(1) (2006).
with
intent
base,
in
to
distribute
violation
of
more
21
than
U.S.C.
grams
possessing
of
cocaine
with
intent
base,
in
to
distribute
violation
of
more
21
than
U.S.C.A.
841(a)(1) and (b)(1)(A) (West 1999 & Supp. 2011). Brown moved
to dismiss the superseding indictment, arguing that it
the
five-year
federal
3282(a) (2006).
statute
of
limitations,
see
18
U.S.C.
the
violated
indictment
The district
the
benefit
of
plea
added
two-level
increase
for
obstruction
of
justice,
Brown noted a
timely appeal.
On appeal, Brown raises four arguments.
First, he
of
the
facts
contained
in
the
indictment.
United
States v. United Med. & Surgical Supply Corp., 989 F.2d 1390,
1398 (4th Cir. 1993).
The statute of limitations for non-capital crimes is
five years.
18 U.S.C. 3282(a).
more
remand,
the
than
five
district
years
court
after
the
determined
offense.
that
after
However,
the
on
arrest
warrant was issued, Brown fled with the intent to avoid arrest. *
Browns fugitive status thus tolled the limitations period under
18
U.S.C.
3290
(2006),
which
provides,
[n]o
statute
of
Browns
motion
to
suppress.
We
review
the
factual
and
States v.
evidence
the
courts
Branch,
is
537
legal
F.3d
construed
in
conclusions
328,
the
de
novo.
United
337
(4th
Cir.
2008).
light
most
favorable
to
The
the
is
per
se
Florida v.
unreasonable,
one
of
the
established
consent.
(1973).
Schneckloth
v.
Bustamonte,
412
U.S.
218,
219
[would]
and
the
have
understood
suspect.
Id.
by
the
The
exchange
scope
of
Id.
between
a
search
the
is
A suspect may
also
impose
consents.
limits
on
the
scope
of
the
search
to
which
he
Id.
Here, a reasonable person would have understood that
Accordingly, the
also
reject
Browns
remaining
two
grounds
for
presentence
reports
recommendation
denying
three-level
This court
United
States v. Kise, 369 F.3d 766, 771 (4th Cir. 2004) (acceptance of
responsibility); United States v. Kiulin, 360 F.3d 456, 460 (4th
Cir. 2004) (obstruction of justice).
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
5