United States v. Frank Robert Briggman

This appeal examines the denial of a motion to suppress and an enhanced sentence. Defendant-appellant Frank Robert Briggman contends that the district court erred in allowing the presentation of evidence obtained pursuant to a stop in a high crime area and in sentencing him based upon an upward departure from the Sentencing Guidelines. Upon review of the record, we affirm.

I. BACKGROUND

At approximately 4:00 a.m. on February 17, 1989, Lieutenant Marvin Austin of the Metro-Dade Police Department routinely was patrolling northbound on N.W. 2nd Avenue near 166th Street in Miami, Florida. An…