United States v. Randall McGee

Affirmed by published opinion. Judge DAVIS wrote the opinion,, in which Judge KEENAN and Judge FLOYD joined.

DAVIS, Circuit Judge:

Randall Justin McGee was convicted in the Southern District of West Virginia of possession,with intent to distribute oxyco-done, in violation of 21 U.S.C. § 841(a)(1), and sentenced to fifty-five months of imprisonment. On appeal, McGee challenges the district court’s denial of his motion to suppress drugs seized during a traffic stop. He also challenges his sentence on two grounds: Whether the district court (1) committed clear error in finding that a seizure of…