United States v. Mabery, No. 11-3515 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of being a felon in possession of a firearm. The district court sentenced Defendant to 327 months' imprisonment. Defendant appealed, contending that evidence of the firearm should have been suppressed, that the evidence was insufficient to sustain his conviction, and that his sentence was excessive. The Eighth Circuit Court of Appeals affirmed, holding (1) the district court did not err in denying Defendant's motion to suppress evidence; (2) there was clearly sufficient evidence in the record to support the verdict; and (3) there was no merit to Defendant's arguments that the district court erred in imposing sentence.
Court Description: Criminal case - Criminal law and sentencing. Officer's conduct in shining a light in the window of defendant's parked car did not constitute a seizure for Fourth Amendment purposes; evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm; district court did not err in imposing an enhancement under Guidelines Sec. 4B1.2 for possession of the firearm in connection with a drug offense; sentence was not substantively unreasonable.
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