United States Eighth Circuit

Conviction and sentence under the Armed Career Criminal Act for possession of a firearm by a felon are affirmed where: 1) the district court did not err in denying defendant's motion to suppress evidence of his possession of a handgun since there was probable cause to believe drug trafficking was occurring at defendant's home, and since it is unlawful to use, carry, or posses a firearm in furtherance of a drug trafficking crime, the handgun's incriminating nature was immediately apparent and admissible under the plain view doctrine; and 2) because defendant constitutionally waived his right to counsel on an attempted burglary conviction, the district court correctly counted the conviction towards defendant's armed career criminal determination.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

• RILEY, Circuit Judge., Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Andrea K. George, AFPD, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Lisa D. Kirkpatrick, AUSA, argued, Minneapolis, MN, for appellee.