United States v. James L. Flippen

U.S. Court of Appeals for the Eighth Circuit
United States v. James L. Flippen, 3 F. App'x 575 (8th Cir. 2001)

United States v. James L. Flippen

Opinion

PER CURIAM.

James L. Flippen pled guilty to being a felon in possession of a firearm, an offense established by 18 U.S.C. § 922(g)(1) (1994). As provided for in his plea agreement, he appeals the denial of his motion *576 to suppress evidence. For reversal, he argues that the District Court 1 erred in finding that the officer who detained him and discovered the firearm (a loaded .45 caliber Ruger) on his person had a reasonable, articulable suspicion that criminal activity was afoot. Instead, Flippen contends, he was simply a victim of racial profiling.

Having reviewed the case, we are satisfied that Flippen’s claims lack substance and that his motion to suppress was properly denied. We agree with the District Court, for the reasons stated in that court’s thorough and well-reasoned opinion, that the investigative stop leading to discovery of the firearm was proper under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). No error of fact or law appears, and an opinion by this Court in this well-traveled area of the law would add nothing of value to what the District Court has written. Accordingly, without further discussion the order of the District Court is AFFIRMED. See 8th Cir. R. 47B.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable Sarah W. Hays, United States Magistrate Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. James L. FLIPPEN, Appellant
Status
Unpublished