United States v. Everett, No. 18-2806 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for threatening a federal law enforcement officer (Count I), forcibly resisting a federal law enforcement officer (Count 2), and being a felon in possession of a firearm (Count 3). The court held that the district court did not err in denying defendant's motion to suppress the firearm found under the driver's seat of the car he drove to the Richard Bolling Federal Building. In this case, officers conducted an inventory search consistent with standardized policies, and the extra thirty minutes between defendant's departure and the order for a tow truck was not an unreasonably long delay. The court also held that the district court did not abuse its discretion by admitting evidence of recorded phone calls defendant made from jail; the evidence was sufficient to convict defendant of all three counts; and the district court did not commit plain Rehaif error.