United States Eighth Circuit

Defendant's conviction and sentence for being a felon in possession of a firearm are affirmed where: 1) an officer's testimony was sufficient to support the district court's finding that the physical evidence the officers observed while illegally in the residence did not prompt the officers to obtain the warrant; 2) the rule in Payton was designed to protect the physical integrity of the home, not to grant criminal suspects protection for statements made outside their premises where the police had probable cause to arrest the suspect for committing a crime; and 3) defendant's sexual battery offense met the definition of "crime of violence" under U.S.S.G. section 4B1.2(a)(2).

Appellate Information

• Decided 01/05/2011
• Published 01/05/2011

Judges

• Bobby E. Shepherd

Court

• United States Eighth Circuit

Counsel