United States v. Donato Garcia Maldonado

RHESA HAWKINS BARKSDALE, Circuit Judge:

Donato Garcia Maldonado’s principal claim is that, pursuant to Minnesota v. Dickerson, — U.S. -, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993), seizure of heroin from his boot was outside the lawful scope of a pat-down for weapons pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); but, we must address first whether the issue was raised in district court. Finding that it was not, we review only for plain error. Also at issue is the denial of a sentencing reduction for acceptance of responsibility. We AFFIRM.

I

Maldonado, while driving a…