U.S. v. ALBERT

No. 07-4193.

579 F.3d 1188 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Michael ALBERT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 1, 2009.


Attorney(s) appearing for the Case

Submitted on the Briefs: Stephen J. Sorenson, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellee.

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs) for Defendant-Appellant.

Before KELLY, EBEL, and O'BRIEN, Circuit Judges.


O'BRIEN, Circuit Judge.

Michael Albert was convicted of being a felon in possession of a firearm following the discovery of a shotgun and shells (later determined to be his) during a search of the vehicle in which he was traveling. He moved to suppress the weapon and ammunition as well as statements he made to police, arguing he was illegally arrested and the evidence was the fruit of a constitutional violation. The district court denied his motion. We affirm.

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