DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091957P.pdf 03/02/2010 United States v. Lee Newell
U.S. Court of Appeals Case No: 09-1957
District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and
Gruender, Circuit Judge]
Criminal case - criminal law and sentencing. Officers acted reasonably
and within the confines of a Terry stop when they opened the door of
defendant's car to view him and told him to put his hands on the steering
wheel; officers' actions in grabbing defendant's arm and removing him
from the car were justified by officer safety concerns after defendant
initially refused to comply with the officers' orders and was seen to be
reaching for something inside the car; bag of drugs seen hanging from
defendant's pocket established probable cause for his arrest; district court
properly calculated the guidelines range, considered the 3553(a) factors
and set a reasonable sentence.