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No. 11-4399
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, Chief District
Judge. (2:10-cr-00152-DCN-1)
Submitted:
December 6, 2011
WYNN,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
Russell Warren Mace, III, THE MACE FIRM, Myrtle Beach, South
Carolina, for Appellant. William N. Nettles, United States
Attorney, Alston C. Badger, Assistant United States Attorney,
Charleston, South Carolina, for Appellee.
PER CURIAM:
Elijah
sentence
Eldon
imposed
possession
Hearns
appeals
the
following
his
guilty
intent
to
distribute
with
Methylenedioxymethamphetamine
plea
(MDMA)
and
ninety-seven-month
to
one
quantity
of
quantity
of
count
of
(West
Supp.
2011);
and
one
count
of
entering
the
denying
his
motion
to
suppress
MDMA
and
marijuana
seized
Finding no reversible
error, we affirm.
We review the factual findings underlying a district
courts ruling on a motion to suppress for clear error and the
courts legal conclusions de novo.
F.3d 586, 589 (4th Cir.), cert. denied, 130 S. Ct. 3374 (2010).
When evaluating the denial of a suppression motion, we construe
the evidence in the light most favorable to the government, the
prevailing party below.
Id.
sufficient
justification
offending
vehicle
traditional
for
incidents
for
as
of
police
long
a
as
officer
it
routine
takes
traffic
to
to
detain
the
perform
the
stop.
United
A police
stop
if
the
driver
consents
or
the
officer
has
Id. at 336.
To
simply
point
to
specific
and
articulable
facts
which,
omitted).
Hearns challenges the district courts conclusion that
reasonable
suspicion
existed
to
detain
Hearns
pending
the
district
that
court
did
not
err
in
determining
the
police
Hearns,
he
commonly
vehicle
repairs,
noticed
strong
despite
smell
lack
of
visible
associated
repairs
to
with
the
vehicle. *
The
floorboard
of
the
car
was
littered
with
nervous.
Further,
Hearns
provided
highly
unusual
explanation for how he came to possess the car, and was unsure
whether it was a rental.
officer
transporting
to
suspect
contraband
in
that
an
defendant
altered
was
involved
vehicle
over
in
long
dispense
with
oral
argument
because
the
facts
and
legal
The
officer
had
specialized
compartments and drug trafficking trends.
training
in
hidden