United States v. Derrick L. Foster

OPINION

MOORE, Circuit Judge.

Defendant-Appellant Derrick L. Foster (“Foster”) appeals his convictions for unlawful possession of a firearm and possession with intent to distribute phencyclidine (“PCP”). After approaching Foster to ask him some questions, the police detected the smell of PCP coming from his person. The officers proceeded to conduct an investigative stop of Foster, which led to the discovery of marijuana, PCP, and a handgun. Foster was arrested, and after a jury trial, convicted. He raises three issues on appeal: (1) the district court erred when it denied his motion to suppress…