November 18, 2013 4th Circuit published opinion

United States v McGee 

McGee was convicted of drug trafficking. He appealed the denial of his suppression motion and his sentence. The panel affirmed. It held the district court did not commit clear error in believing the officer who pulled the car over instead of the circumstantial evidence that the break light worked. It also upheld the sentence. It held that the  trial court properly increased the sentencing guideline range based on an earlier incident given McGee’s lack of a consistent explanation for having over $8,000.00 cash and text messages on his phone suggesting drug trafficking. The panel finally held that the district court properly based its sentence on McGee’s criminal history. It reminded all sentencing judges that sending messages to out of state offenders has not allowed in the 4th Circuit since 1977.

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