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No. 10-4538
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:09-cr-00619-JFM-1)
Submitted:
Decided:
April 7, 2011
PER CURIAM:
Gerald Gardner pled guilty, pursuant to a written plea
agreement,
to
distribute
heroin,
(West 2006
&
one
count
in
Supp.
of
possession
violation
2010),
and
of
was
with
21
the
intent
U.S.C.A.
sentenced
to
to
841(a)
180
months
imprisonment.
to
the
challenge
district
courts
denial
of
the
motion
to
Gardner contends on
We affirm.
In reviewing the district courts denial of Gardners
571
F.3d
331,
130 S. Ct.
1104
Gardners
motion,
338
(2010).
we
(4th
Because
review
the
United States v.
Cir.
2009),
the
district
evidence
in
cert.
court
the
denied,
denied
light
most
credibility determinations.
to
seizures.
searches
be
secure . . . against
conducted
pursuant
2
unreasonable
searches
and
warrant
issued
by
an
390
(1985).
established
rule.
and
There
are,
however,
well-delineated
few
exceptions
to
specifically
this
general
conclude
that
the
district
court
did
not
err
in
denying
for
consent
voluntarily
consented
Bustamonte,
412
consent
an
is
voluntariness
circumstances);
(4th
Cir.
U.S.
search
to
of
in
to
consent
United
(en
his
the
218,
exception
1996)
consideration
to
banc)
reviewing
search.
219,
the
227
v.
on
whether
that
the
factors
consent
Gardner
Schneckloth
(recognizing
requirement
Lattimore,
(listing
and
See
(1973)
warrant
depends
States
vehicle
v.
that
and
that
totality
of
the
87 F.3d
647,
650
appropriate
for
was
voluntarily
given). *
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED