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United States v. Moore

United States Court of Appeals, Fourth Circuit

October 10, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
COREY A. MOORE, Defendant - Appellant

Argued September 16, 2014

Page 265

Appeal from the United States District Court for the District of Maryland, at Greenbelt. (8:10-cr-00648-AW-1). Alexander Williams, Jr., District Judge.

ARGUED:

Philip Urofsky, SHEARMAN & STERLING LLP, Washington, D.C., for Appellant.

James I. Pearce, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF:

Mark D. Lanpher, Bryan Dayton, SHEARMAN & STERLING LLP, Washington, D.C., for Appellant.

Mythili Raman, Acting Assistant Attorney General, Denis J. McInerney, Deputy Assistant Attorney General, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Sujit Raman, Chief of Appeals, Arun G. Rao, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Before WILKINSON, GREGORY, and KEENAN, Circuit Judges. Judge Wilkinson wrote the opinion, in which Judge Gregory and Judge Keenan joined.

OPINION

Page 266

WILKINSON, Circuit Judge:

After a five-day bench trial, the district court found defendant Corey Moore guilty of, among other things, violating 18 U.S.C. § 924(c) by possessing a firearm " in furtherance of" a crime of drug trafficking. On appeal, Moore challenges the denial of a motion to suppress evidence and the sufficiency of the evidence on the § 924(c) count. As to the Fourth Amendment claim, the motion to suppress should have been raised prior to trial. It was not so raised, and, as the district court found, it was thereby waived. We also find that there is ample evidence to support finding a nexus between the drug trafficking and the firearms under § 924(c) and therefore affirm the conviction.

I.

When reviewing the facts of this case, we take them in the light most favorable to the government as the prevailing party below. United States v. Black,707 F.3d 531, 534 (4th Cir. 2013); United States v. Lomax, 293 F.3d 701, 705 (4th Cir. 2002). Police officer Hubley was driving the streets of Takoma Park, Maryland, on September 25, 2010, when he observed Corey Moore walking down Sherman Avenue carrying a green bottle. Suspicious that the bottle might be " a bottle of Heineken beer or the like," the officer turned around. J.A. 121. He radioed that he was going to ...


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