Felon In Possession Conviction Affirmed

In US v. Craig, No. 09-3398, the court affirmed defendant’s conviction and sentence for being a felon in possession of a firearm where 1) an officer’s testimony was sufficient to support the district court’s finding that the physical evidence the officers observed while illegally in the residence did not prompt the officers to obtain the warrant; 2) the rule in Payton was designed to protect the physical integrity of the home, not to grant criminal suspects protection for statements made outside their premises where the police had probable cause to arrest the suspect for committing a crime; and 3) defendant’s sexual battery offense met the definition of “crime of violence” under U.S.S.G. section 4B1.2(a)(2).

Related Resources

  • Read the Eighth Circuit’s Decision in US v. Craig, No. 09-3398

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