MOBILE, AL – The Eleventh Circuit Court of Appeals has upheld the conviction of Preston Buie, who was stopped along Interstate 10 for following too closely and was later found to be transporting a dozen bricks of cocaine and a loaded handgun.
Buie, a convicted felon, was pulled over in January 2023 by a Mobile County sheriff’s deputy who had been advised by border patrol to watch for a vehicle matching Buie’s. The officer called for a K-9 unit after observing Buie act evasively and provide inconsistent responses about his travel. The drug dog alerted, and a search of the vehicle uncovered the contraband. Buie was arrested and later convicted on three federal charges: possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and felon in possession of a firearm.
On appeal, Buie argued that the evidence should have been suppressed because the officer unlawfully prolonged the traffic stop. He also challenged the constitutionality of the federal law barring felons from firearm possession under 18 U.S.C. § 922(g)(1), citing Second Amendment concerns.
The appellate court rejected both arguments. The court found that the officer’s actions during the stop were lawful and that Buie’s behavior provided reasonable suspicion. Regarding the Second Amendment claim, the court cited District of Columbia v. Heller and reaffirmed Eleventh Circuit precedent that restrictions on firearm possession by felons remain constitutional.
Buie’s convictions and sentence were affirmed by the court.
