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    United States v. Mobley, 4th Cir. (1999)

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    The United States Court of Appeals for the Fourth Circuit affirmed Paul Lee Mobley's conviction and 120-month sentence for conspiracy to possess and distribute cocaine. The court found that the district court properly denied Mobley's motion to suppress evidence, as the traffic stop was based on probable cause and Mobley consented to the vehicle search. The court also determined that the evidence was sufficient to support the jury's guilty verdict. Finally, the court declined to consider Mobley's ineffective assistance of counsel claim, as the record was insufficient to demonstrate counsel's ineffectiveness.

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    United States v. Mobley, 4th Cir. (1999)

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    The United States Court of Appeals for the Fourth Circuit affirmed Paul Lee Mobley's conviction and 120-month sentence for conspiracy to possess and distribute cocaine. The court found that the district court properly denied Mobley's motion to suppress evidence, as the traffic stop was based on probable cause and Mobley consented to the vehicle search. The court also determined that the evidence was sufficient to support the jury's guilty verdict. Finally, the court declined to consider Mobley's ineffective assistance of counsel claim, as the record was insufficient to demonstrate counsel's ineffectiveness.

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    Filed: 1999-09-13 Precedential Status: Non-Precedential Docket: 98-4809

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    The United States Court of Appeals for the Fourth Circuit affirmed Paul Lee Mobley's conviction and 120-month sentence for conspiracy to possess and distribute cocaine. The court found that the district court properly denied Mobley's motion to suppress evidence, as the traffic stop was based on probable cause and Mobley consented to the vehicle search. The court also determined that the evidence was sufficient to support the jury's guilty verdict. Finally, the court declined to consider Mobley's ineffective assistance of counsel claim, as the record was insufficient to demonstrate counsel's ineffectiveness.

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    17 views3 pages

    United States v. Mobley, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Paul Lee Mobley's conviction and 120-month sentence for conspiracy to possess and distribute cocaine. The court found that the district court properly denied Mobley's motion to suppress evidence, as the traffic stop was based on probable cause and Mobley consented to the vehicle search. The court also determined that the evidence was sufficient to support the jury's guilty verdict. Finally, the court declined to consider Mobley's ineffective assistance of counsel claim, as the record was insufficient to demonstrate counsel's ineffectiveness.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.

    No. 98-4809

    PAUL LEE MOBLEY,


    Defendant-Appellant.
    Appeal from the United States District Court
    for the Eastern District of Virginia, at Norfolk.
    Jerome B. Friedman, District Judge.
    (CR-98-72)
    Submitted: July 20, 1999
    Decided: September 13, 1999
    Before MURNAGHAN, NIEMEYER, and HAMILTON,
    Circuit Judges.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Duncan R. St. Clair, III, ST. CLAIR & JOHNSON, Norfolk, Virginia,
    for Appellant. Helen F. Fahey, United States Attorney, Laura Pellatiro
    Tayman, Assistant United States Attorney, Norfolk, Virginia, for
    Appellee.
    _________________________________________________________________

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Paul Lee Mobley appeals from a 120-month sentence imposed following his jury conviction for conspiracy to possess with the intent
    to distribute and to distribute cocaine, 21 U.S.C.A. 846 (West Supp.
    1999). We have reviewed the record and find no reversible error. We
    therefore affirm Mobley's conviction and sentence.
    Mobley first claims that the district court should have granted his
    motion to suppress. We review the district court's legal conclusions
    de novo and its factual determinations for clear error. See United
    States v. Elie, 111 F.3d 1135, 1140 (4th Cir. 1997); United States v.
    Lattimore, 87 F.3d 647, 650 (4th Cir. 1996) (en banc). The evidence
    presented at the suppression hearing demonstrated that Mobley was
    stopped upon probable cause to believe that he was violating a traffic
    law of the Commonwealth of Virginia, that he was detained briefly
    and only long enough to perform a routine check on him and the vehicle, that the additional brief period of time that he was detained was
    consensual, and that he freely and voluntarily gave the State Trooper
    his general consent, without limitation and without withdrawing such
    consent, to search the vehicle for drugs. Under these circumstances,
    we find that the district court properly denied Mobley's motion to
    suppress.
    We further find, after a thorough review of the record and viewing
    the evidence in a light most favorable to the Government, that the evidence was sufficient to support his conviction for conspiracy to possess with the intent to distribute and to distribute cocaine, 21 U.S.C.A.
    846. See United States v. Wilson, 135 F.3d 291, 306 (4th Cir.), cert.
    denied, 118 S. Ct. 1852 (1998). Thus, the district court did not err in
    denying Mobley's motion for judgment of acquittal. See United States
    v. Romer, 148 F.3d 359, 364 (4th Cir. 1998), cert. denied, 119 S. Ct.
    1032 (1999).
    2

    We decline to review Mobley's assertion that trial counsel provided ineffective assistance because the present record does not conclusively demonstrate ineffectiveness. See United States v. Hoyle, 33
    F.3d 415, 418 (4th Cir. 1994).
    Accordingly, we affirm Mobley's conviction and sentence. We dispense with oral argument because the facts and legal contentions are
    adequately presented in the materials before the Court and argument
    would not aid the decisional process.
    AFFIRMED
    3

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