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  • United States v. Shaun Grier, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Shaun Orlando Grier's convictions for drug and firearms offenses. The court found that the district court did not err in denying Grier's motions to suppress evidence obtained from a package he mailed and from searches of his residence and vehicles. The court also found that the district court did not abuse its discretion in its evidentiary rulings or in limiting Grier's closing argument to 55 minutes. Having found no errors, the Fourth Circuit affirmed Grier's convictions.

    Original Description:

    Filed: 2015-10-13 Precedential Status: Non-Precedential Docket: 14-4054

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Shaun Orlando Grier's convictions for drug and firearms offenses. The court found that the district court did not err in denying Grier's motions to suppress evidence obtained from a package he mailed and from searches of his residence and vehicles. The court also found that the district court did not abuse its discretion in its evidentiary rulings or in limiting Grier's closing argument to 55 minutes. Having found no errors, the Fourth Circuit affirmed Grier's convictions.

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    50 views4 pages

    United States v. Shaun Grier, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion affirming Shaun Orlando Grier's convictions for drug and firearms offenses. The court found that the district court did not err in denying Grier's motions to suppress evidence obtained from a package he mailed and from searches of his residence and vehicles. The court also found that the district court did not abuse its discretion in its evidentiary rulings or in limiting Grier's closing argument to 55 minutes. Having found no errors, the Fourth Circuit affirmed Grier's convictions.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-4054

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    SHAUN ORLANDO GRIER,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Alexander Williams, Jr., District
    Judge. (8:13-cr-00243-AW-1)

    Submitted:

    September 30, 2015

    Decided:

    October 13, 2015

    Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Marnitta L. King, KING LAW P.A., Largo Maryland, for Appellant.


    Rod J. Rosenstein, United States Attorney, Thomas P. Windom,
    Deborah
    A.
    Johnston,
    Assistant
    United
    States
    Attorneys,
    Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Shaun Orlando Grier appeals his convictions on charges of
    possession with intent to distribute phencyclidine (PCP) and
    cocaine base, possession of a firearm in furtherance of a drug
    trafficking offense, and possession of a firearm by a person
    previously convicted of a felony offense.

    The district court

    sentenced Grier to an aggregate of 350 months imprisonment.

    On

    appeal, he challenges a number of evidentiary rulings by the


    district court, and he asserts that the district court abused
    its discretion by limiting the time for his closing argument to
    the jury.
    Grier

    Finding no reversible error, we affirm.


    first

    contends

    that

    the

    district

    court

    erred

    in

    denying his motion to suppress the contents of a package he


    placed in the mail intended to be sent to an address in San
    Francisco, California, and his motion to suppress evidence of
    the

    drugs

    residence

    and
    and

    firearms
    vehicles.

    recovered
    When

    during

    considering

    the
    the

    search

    of

    validity

    his
    of

    search pursuant to a warrant, the district court must determine


    whether the magistrate judge issuing the search warrant had a
    substantial basis for concluding that probable cause existed.
    United States v. Blackwood, 913 F.2d 139, 142 (4th Cir. 1990).
    We conclude that the district court did not err in determining
    that the search warrants were valid.

    Accordingly, the district

    court did not err in denying the motions to suppress evidence


    2

    recovered pursuant to the warrants.

    See United States v. Jones,

    667 F.3d 477, 481-82 (4th Cir. 2012) (providing standard).


    Next, Grier contends that the district court abused its
    discretion

    with

    specifically,

    respect

    by

    to

    limiting

    number

    Griers

    of

    evidentiary

    rulings,

    cross-examination

    of

    the

    postal inspector as to the legality of the seizure of a package


    that he intended to mail to California, allowing the Government
    to introduce evidence of his prior conviction for possession
    with intent to distribute PCP, overruling his objection to the
    Governments use of leading questions during its questioning of
    Griers mother who was called as a Government witness, allowing
    the

    Government

    to

    introduce

    hearsay

    evidence

    of

    his

    bank

    balances, excluding the testimony and report of the Governments


    forensic chemist, and denying Griers request to call his own
    expert

    to

    testify

    experts report.

    as

    to

    the

    contents

    of

    the

    Governments

    We have reviewed the arguments presented by

    the parties and find no abuse of discretion by the district


    courts rulings.
    (4th

    Cir.

    evidentiary

    See United States v. Cole, 631 F.3d 146, 153

    2011)

    (reviewing

    ruling

    that

    is

    court

    arbitrary

    will
    and

    only

    overturn

    irrational);

    an

    United

    States v. Johnson, 617 F.3d 286, 292 (4th Cir. 2010) (district
    court has discretion to admit or exclude evidence).
    Lastly, Grier contends that the district court abused its
    discretion and prejudiced his defense by cutting short counsels
    3

    closing argument.
    45

    minutes

    each

    The court agreed to the parties request for


    for

    closing

    arguments.

    Prior

    to

    closing

    arguments, the court reminded the parties of the time limit.


    During

    the

    Government

    closing
    attorney

    arguments,
    and

    the

    Griers

    court

    attorney

    advised
    when

    both

    the

    had

    ten

    they

    minutes remaining and also when five minutes remained.

    At the

    end of the 45 minutes, Griers counsel requested an additional


    five minutes.

    The court acquiesced, and then allowed Griers

    counsel to continue her summation for ten minutes.

    At that

    time, Griers summation was 55 minutes, and the court informed


    counsel that her time was up.

    We find no abuse of discretion by

    the district court in imposing and enforcing this time limit.


    See United States v. Alaniz, 148 F.3d 929, 935 (8th Cir. 1998)
    (providing standard); United States v. Moye, 951 F.2d 59, 63
    (5th Cir. 1992) (same); see also United States v. Collins, 372
    F.3d 629, 634 n.2 (4th Cir. 2004) (finding defendants challenge
    to 45-minute limitation on closing argument unpersuasive).
    Having found no error and no abuse of discretion by the
    district court, we affirm Griers convictions.

    We dispense with

    oral

    contentions

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    this

    court

    are
    and

    argument would not aid the decisional process.

    AFFIRMED

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