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U.S. v. WYATT

No. CRIM.5:02-00027.

203 F.Supp.2d 644 (2002)

UNITED STATES of America, Plaintiff, v. Samuel James WYATT, Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

May 16, 2002.

Attorney(s) appearing for the Case

John L. File, Assistant United States Attorney, Charleston, WV, for the Government.

George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, WV, for defendant

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

On May 2, 2002 the Court heard evidence on Defendant's motion to suppress. As set forth below, the Court DENIES the motion.

I. FACTUAL BACKGROUND

On October 12, 2001 Defendant was traveling north on Interstate 77 in a fairly remote, wooded area when Sgt. S.B. Lake of the West Virginia State Police, while working alone, stopped Defendant for speeding. The width of the berm where the...

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