United States v. Cochrane, No. 11-4082 (6th Cir. 2012)
Annotate this CasePolice officers and an agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, on patrol in an unmarked car, observed that Defendant’s SUV did not have a front license plate, as required by Ohio law. They followed Defendant to the parking lot of an apartment complex where Defendant’s fiancé and children were known to reside. Defendant had already exited and had begun walking toward the building when the officers pulled up, turned on their lights, and ordered Defendant to turn around. Defendant walked back to his vehicle, and the officers could see that he was not carrying any weapons. Officers claim Defendant told them to “go ahead” and search; an officer immediately noticed a gun barrel behind the center console. Defendant was arrested for improper handling of a firearm in a vehicle and read his Miranda rights. Defendant had previously been convicted of bank fraud, for which he was serving supervised release. Defendant was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g) and sentenced to 41 months for the firearm conviction plus 12 months to be served consecutively for the violation of supervised release. The Sixth Circuit affirmed the conviction, but remanded for resentencing.
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