Denial of Motion to Suppress Firearm Affirmed, Plus Other Criminal Matters

By FindLaw Staff on June 11, 2010 | Last updated on March 21, 2019

In US v. Greer, No. 09-1230, the court of appeals affirmed defendant's conviction and sentence for unlawful possession of a firearm as a previously convicted felon, on the grounds that 1) the district court properly found that, when an officer opened the door to the porch of defendant's house and stepped back, he impliedly invited the officers to enter; 2) there were several opportunities for defendant to pause and reflect, to decline consent, or to revoke consent, but he granted permission to search and never withdrew it; 3) a reasonable jury could find that defendant possessed the firearm; and 4) the district court did not err in finding that defendant qualified for an enhanced sentence under the Armed Career Criminal Act.

In US v. Mosley, No. 09-1648, the court of appeals affirmed defendant's conviction for unlawful possession of a firearm as a previously convicted felon, holding that the district court did not err by concluding that defendant essentially forfeited his right to represent himself by engaging in conduct that obstructed the proceedings against him.

In US v. Welsh, No. 09-2623, the court of appeals affirmed defendant's sentence for receiving and distributing child pornography and possessing child pornography, holding that 1) the district court committed no procedural sentencing error, made an individualized assessment of facts relevant to sentencing, considered the 18 U.S.C. section 3553(a) sentencing factors, and did not impose an unreasonable sentence; and 2) defendant's conditions of supervised release were limited to his ten-year period of supervised release.

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