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No. 06-4806
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Samuel G. Wilson, District
Judge. (7:05-cr-00082)
Submitted:
Decided:
April 6, 2007
PER CURIAM:
Shannon Jarrell Brown entered a conditional plea of
guilty to one count of possession with intent to distribute cocaine
and one count of possession of a firearm during and in relation to
a drug trafficking crime, in violation of 18 U.S.C. 924(c); 21
U.S.C. 841(a)(1), (b)(1)(C) (2000). The district court sentenced
Brown to a total of 240 months imprisonment.
386
U.S.
meritorious
grounds
738
for
(1967),
appeal,
but
asserting
there
questioning
were
whether
no
the
187, 193 (4th Cir.), cert. denied, 126 S. Ct. 134 (2005).
The
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party below.
1998).
Law
enforcement
discovered
Brown
passed
out
in
his
A search of the
the
trunk
and
discovered
marijuana,
firearm,
search of his trunk was improper because he was drunk and under
the safe custody of law enforcement officers.
- 3 -
Because he was
Moreover, a
Hence an
Id. at 51.
As
F.2d
56,
60
(4th
Cir.
1989).
Therefore,
under
these
- 4 -
2255 (2000).
Id.
may
move
representation.
this
court
for
leave
to
withdraw
from
- 5 -
materials
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED
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