UNITED STATES of America v. CHRISTMAS (Cocaine)

222 F.3d 141 (2000)

UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph CHRISTMAS, a/k/a Jason Carter, Defendant-Appellant.

No. 99-4631.

United States Court of Appeals, Fourth Circuit.

Argued: May 5, 2000. Decided: August 2, 2000.

142*142 ARGUED: John A. Dusenberry, Jr., Assistant Federal Public Defender, Greensboro, NC, for Appellant. Lawrence Patrick Auld, United States Attorney's Office, Greensboro, NC, for Appellee. ON BRIEF: Louis C. Allen, III, Federal Public Defender, Greensboro, NC, for Appellant. Walter C. Holton, Jr., U.S. Attorney, Sandra J. Hairston, Assistant U.S. Attorney, Greensboro, NC, for Appellee.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge FRIEDMAN joined.

OPINION

WILKINSON, Chief Judge:

Joseph Christmas was charged with possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). The district court denied Christmas' motion 143*143 to suppress drugs and a firearm seized during his arrest. Christmas subsequently entered a conditional plea of guilty and was sentenced to eighty-eight months imprisonment. Christmas appeals the district court's suppression ruling, arguing that an unsolicited tip from a neighbor was not adequate grounds for a Terry stop. Because face-to-face encounters with informants are altogether different from anonymous tips and because the tip here furnished reasonable suspicion for the protective pat-down of defendant, we affirm the judgment of the district court.

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http://whatgetsmehot.posterous.com/united-states-of-america-v-christmas-cocaine 222 F.3d 141 (2000) UNITED STATES of America, Plaintiff-Appellee, v. Joseph CHRISTMAS, a/k/a Jason Carter, Defendant-Appellant. No. 99-4631. United States Court of Appeals, Fourth Circuit. Argued: May 5, 2000. Decided: August 2, 2000. 142*142 ARGUED: John A. Dusenberry, Jr., Assistant Fe ... Dogmeat