United States v. Wooden, No. 19-5189 (6th Cir. 2019)
Annotate this CaseMason, a Sheriff’s Department investigator, and uniformed officers were tracking Harrelson, a fugitive, whose vehicle was previously seen outside the home of Wooden and Harris. They approached the home. Mason, who was not in uniform, knocked on the door, while the uniformed officers dispersed. Wooden answered. Mason asked to speak with Harris and to step inside, to stay warm. According to Mason, Wooden responded “Yes.” Mason and an officer entered the home. As Wooden walked down the hallway, the officers saw him pick up a rifle. When they told him to put the weapon down, Wooden did so. Mason knew Wooden was a felon. The officers handcuffed and searched Wooden, finding a holstered loaded revolver. Harris gave the officers permission to search the home. The officers did not find Harrelson but found another rifle. After waiving his Miranda rights, Wooden admitted that he possessed all three firearms and ammunition. Charged under 18 U.S.C. 922(g)(1), Wooden unsuccessfully moved to suppress the evidence. The district court Wooden was classified as an armed career criminal based on Georgia convictions: a 1989 aggravated assault, 10 1997 burglaries, and a 2005 burglary. Wooden argued that neither the aggravated-assault nor burglary offenses qualified as violent felonies and that the 1997 burglaries arose out of a single occasion and were a single ACCA predicate. The court rejected those arguments. The Sixth Circuit affirmed, seeing no improper deception or “definite and firm” basis for discrediting the district court’s assessment that Wooden consented to Mason entering his home
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