Opinion
No. 08-5226.
December 3, 2009.
On Appeal from the United States District Court for the Eastern District of Tennessee.
Terry Jones appeals the district court's order denying his motion to suppress. At issue on appeal is whether there was reasonable suspicion to stop Jones based on the identification of Jones by Officer Bruce Conkey. The district court overruled appellant's objections to Magistrate Judge H. Bruce Guyton's report and recommendation, which concluded that Conkey independently identified Jones after receiving a call from a confidential informant, but that Conkey did not rely on the content of the call other than to "trigger" Conkey's own memory. After hearing oral argument and reviewing the record, the parties briefs, and the applicable law, this court determines that no jurisprudential purpose would be served by a panel opinion and AFFIRMS the district court's decision on this issue for the reasons well stated by Magistrate Judge Guyton in his report and recommendation.