United States v. Lenn Dixon

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 06-2603
UNITED STATES,
Appellee,
v.
LENN DIXON,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. George Z. Singal, U.S. District Judge]
Before
Torruella, Circuit Judge,
Campbell, Senior Circuit Judge,
and Lynch, Circuit Judge.
Peter J. Cyr for appellant.
Margaret D. McGaughey, Appellate Chief, with whom Paula D.
Silsby United States Attorney, was on brief for appellee.
December 20, 2007

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Per Curiam. After the district court denied his motion
to suppress drug evidence seized at the time of his arrest,
defendant-appellant Dixon entered a conditional guilty plea to the
one-count indictment charging him with distributing fifty grams or
more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(A). The conditional plea reserved Dixon's right to seek
appellate review of the court's disallowance of his suppression
motion. That motion had been the subject of an evidentiary hearing
before the Magistrate Judge whose comprehensive amended recommended
decision was affirmed by the district court. Dixon appeals from
his conviction, focusing on his contention that the court erred in
denying his suppression motion.
We have heard argument and reviewed the parties' briefs
and the record on appeal, examining the Magistrate Judge's findings
of fact for clear error and his legal conclusions de novo. United
States v. Coplin, 463 F.3d 96, 100 (1st Cir. 2006). Finding no
error in the court's denial of the suppression motion, we affirm
the judgment of conviction. In affirming, we do so substantially
for the same reasons set out in the Magistrate Judge's February 3,
2006 amended recommended decision.

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