United States v. Kitchell, No. 09-6176 (10th Cir. 2011)
Annotate this CaseDefendants Edward Shiegmura and John Kitchell were arrested and charged with possessing firearms following prior felony convictions when highway patrol officers stopped and searched their rental vehicle and found firearms in a trunk. A district court denied Defendants' joint motion to suppress evidence seized during the stop, and they were convicted after a trial by jury. On appeal, Defendants challenged the district court's denial of the motion to suppress on multiple grounds. Mr. Shigemura challenged the court's use of a sentence enhancement as applied to his sentence. Mr. Kitchell argued that the government did not present evidence sufficient to support his conviction. Upon review, the Tenth Circuit found that a reasonable jury could have found that the government presented evidence sufficient to support both Defendants' convictions. The Court affirmed the district court's denial of the Defendants' joint motion to suppress and the court's application of the sentencing enhancement as applied to Mr. Shigemura's sentence.
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