Académique Documents
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No. 04-4285
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(CR-03-473)
Submitted:
March 9, 2005
Decided:
PER CURIAM:
Lamont
Alvin
McElveen
appeals
his
conviction
for
been denied, this court reviews the evidence in the light most
favorable to the government.
and
the
parties
briefs,
we
conclude
that
the
police
not found the source of the marijuana odor after searching the
passenger compartment, they still had probable cause to search the
next most likely source of the odor, the trunk.
Thus the
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of the trunk, where they found the cocaine, and the district court
properly dismissed McElveens motion to suppress.
McElveen also argues that the district court abused its
discretion when it allowed a Drug Enforcement Administration agent
to
testify
from
personal
experience,
derived
from
his
law
enforcement activities, about the local drug trade. See Kumho Tire
Co. v. Carmichael, 526 U.S. 137, 152 (1999).
Distribution and
prices of drugs are not facts commonly known to a jury, and expert
testimony offered to help the jury understand the quantity and use
of the drugs is relevant to the charged offense.
Barnette, 211 F.3d 803, 815-16 (4th Cir. 2000).
United States v.
This court has
See
The
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his trunk was cocaine before he declined to tell them where he had
gotten it. On this record, we conclude the district court properly
denied McElveens motion to suppress.
Accordingly,
sentence.
we
affirm
McElveens
conviction
and
AFFIRMED
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