United States Eighth Circuit

Defendant's conviction and sentence for unlawful possession of a firearm as a previously convicted felon are affirmed where: 1) the district court properly found that, when an officer opened the door to the porch of defendant's house and stepped back, he impliedly invited the officers to enter; 2) there were several opportunities for defendant to pause and reflect, to decline consent, or to revoke consent, but he granted permission to search and never withdrew it; 3) a reasonable jury could find that defendant possessed the firearm; and 4) the district court did not err in finding that defendant qualified for an enhanced sentence under the Armed Career Criminal Act.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and BENTON, Circuit Judges, and PIERSOL,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Shannon Patrick O'Connor, AFPD, argued, Omaha, NE, for Appellant.


• For Appellees:
  
• Michael D. Wellman, AUSA, argued, Omaha, NE, for Appellee.