United States of America v. Derrick L. Mckinney, Appellant, 52 F.3d 1123 (D.C. Cir. 1995)

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that appellant's conviction be affirmed. As stated orally at the June 1, 1994 suppression hearing, the district court's conclusions--that appellant abandoned the bag containing the contraband and therefore lost any reasonable expectation of privacy in that bag--are not clearly erroneous. See United States v. Thomas, 864 F.2d 843, 845 (D.C. Cir. 1989). Accordingly, the warrantless search of the bag did not violate appellant's Fourth Amendment rights and the district court properly denied the motion to suppress. See United States v. Lewis, 921 F.2d 1294 (D.C. Cir. 1990).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.