United States Sixth Circuit

A conviction for being a felon in possession of a firearm is affirmed where: 1) a motion to suppress was properly denied as no constitutional violations occurred during a Terry stop that warranted suppression of the fruits of the legal search and seizure; 2) the jury's conclusion that defendant constructively possessed the gun at issue was drawn rationally from the evidence; 3) a claim of ineffective assistance of counsel was not properly raised; and 4) a claim of prosecutorial misconduct was meritless.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

• Before:  BOGGS, Chief Judge;  BATCHELDER and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Spiros P. Cocoves, Toledo, Ohio, for Appellant.  Edwin Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.   ON BRIEF:  Spiros P. Cocoves, Toledo, Ohio, for Appellant.   Edwin Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.