United States v. James Ray Erwin

LOGAN, Circuit Judge.

Defendant James Ray Erwin was charged with possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and with aiding and abetting in violation of 18 U.S.C. § 2. He pleaded guilty to both charges, reserving the right to appeal the district court’s denial of his motion to suppress the marijuana seized during his arrest. On appeal, defendant asserts that (1) the district court erroneously held that he lacked standing to challenge the stop and search of a car in which he was a passenger, (2) the traffic stop was a pretext to conduct an otherwise…