United States v. Talvin Lawing
2012 U.S. App. LEXIS 26642
4th Cir.2012Background
- CI tip led to stop of Lawing's gray Lexus on Old Concord Road near the CI’s residence.
- Officers confirmed details from the CI and matched Lawing’s vehicle, route, and timing to the drug-deal prediction.
- Lawing’s phone call responses and ringing corroborated the CI’s identity as Drew, enabling probable cause to search.
- During the search, a loaded sawed-off shotgun and two shotgun shells were found in the vehicle, plus a cocaine residue elsewhere.
- Lawing was charged with Counts I–III; the jury acquitted Counts I and III but convicted Count II (ammunition by a felon); sentencing followed with a 100-month term.
- The court affirmed the district court’s denial of suppression, upheld the Rule 29 motions, addressed multiplicity as harmless error, and affirmed the sentence under 2K2.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop and search supported by reasonable suspicion and probable cause? | Lawing | Government | Yes; stop/search lawful and seizure constitutionally justified. |
| Was the evidence sufficient to sustain Count II (ammunition by a felon) | Lawing | Government | Yes; constructive possession established as Lawing driver/owner with contraband in vehicle. |
| Does multiplicity require reversal where two counts involve the same offense? | Lawing | Government | No; harmless error since convicted on only one count. |
| Was the sentencing base offense level correctly determined (26 vs 24) based on possession of a sawed-off shotgun? | Lawing | Government | No error; court properly found constructive possession of the firearm and affirmed level 26. |
Key Cases Cited
- United States v. Christmas, 232 F.3d 141 (4th Cir. 2000) (informant credibility and reliability in stop justification)
- Florida v. J.L., 529 U.S. 266 (S. Ct. 2000) (anonymous tip reliability in stops)
- United States v. Brignoni-Ponce, 422 U.S. 873 (U.S. 1975) (limits on stops based on reasonable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (territory of reasonable suspicion standard)
- United States v. Place, 462 U.S. 696 (U.S. 1983) (brief seizures balancing government interests)
- Carroll v. United States, 267 U.S. 132 (U.S. 1925) (automobile search exception with probable cause)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (probable cause standard for searches)
- United States v. Single-ton, 441 F.3d 290 (4th Cir. 2006) (constructive possession proximity)
- United States v. Gallimore, 247 F.3d 134 (4th Cir. 2001) (constructive possession and proximity)
- United States v. Watts, 519 U.S. 148 (U.S. 1997) (use of acquitted conduct for sentencing)