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U.S. v. MATTHEWS

No. 00-5528.

278 F.3d 560 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Frank D. MATTHEWS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 10, 2002.

Attorney(s) appearing for the Case

Debra Teufel Phillips, Assistant United States Attorney (briefed), Terry J. Haycox (argued), Nashville, TN, for Plaintiff-Appellee.

C. Douglas Thorensen, Asst. F.P. Def. (argued and briefed), Nashville, TN, for Defendant-Appellant.

Before: KEITH, KENNEDY, and BATCHELDER, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Defendant appeals the denial of his motion to suppress evidence obtained incident to his arrest and his sentence imposed pursuant to the Armed Career Criminal Act (ACCA), making a Fourth Amendment argument as to the former and a Fifth Amendment argument as to the latter. After the denial of his motion to suppress, defendant pled guilty to possession of a firearm by a felon conditioned on his right to appeal the denial.

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