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U.S. v. NEELY

No. 08-4257.

564 F.3d 346 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Willie James NEELY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Kevin A. Tate, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed by published PER CURIAM opinion.

OPINION

PER CURIAM:

Willie Neely entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C.A. § 922(g)(1) (West 2000), and was sentenced to seventy-eight months of imprisonment and three years of supervised release. Neely now appeals the denial of his motion to suppress the firearm that served as the basis of that charge, arguing that the district court erred by concluding both that Neely consented...

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