United States Sixth Circuit

In grand jury indictment for possession of a firearm by a felon and possession of cocaine, denial of defendant's motion to suppress evidence is affirmed where: 1) the district court did not err in finding that reasonable suspicion existed such that defendant's Fourth Amendment rights were not violated; 2) the district court correctly held that defendant's residence and vehicle were searched pursuant to the valid consent of his wife, rendering the search constitutional; and 3) based on clearly established precedent and the language of the Armed Career Criminals Act (ACCA), defendant's prior offenses clearly subject him to sentencing under the ACCA.

Appellate Information

• Decided 11/25/2008
• Published 11/25/2008

Judges

Court

• United States Sixth Circuit

Counsel