United States Eighth Circuit

A conviction for being a felon in possession of a firearm is affirmed where: 1) the district court did not err in denying defendant's motion to suppress evidence found during a protective sweep of his residence as the officers were justified by reasonable suspicion; and 2) district court did not err in denying defendant's motion to dismiss the indictment as the destruction of the firearm did not deprive defendant of the opportunity to present potentially exculpatory material evidence to the jury.

Appellate Information

• Decided 08/20/2009
• Published 08/20/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Bruce E. Clark, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.