U.S. v. HARRISON

No. 10-5061.

639 F.3d 1273 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Johnny James HARRISON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 11, 2011.


Attorney(s) appearing for the Case

Richard A. Friedman , Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington D.C. ( Lanny A. Breuer , Assistant Attorney General, and Gregory D. Andres , Acting Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C.; and Thomas Scott Woodward , United States Attorney, and Janet S. Reincke , Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, with him on the briefs) for Plaintiff-Appellant.

Neil D. Van Dalsem ( Robert Scott Williams with him on the brief) of Taylor, Ryan, Schmidt & Van Dalsem, P.C., Tulsa, OK, for Defendant-Appellee.

Before O'BRIEN, SEYMOUR and HOLMES, Circuit Judges.


SEYMOUR, Circuit Judge.

Mr. Harrison was charged by indictment with being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). The firearm at issue was discovered by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") during a warrantless search of Mr. Harrison's apartment. Mr. Harrison moved to suppress evidence of the loaded firearm, arguing he had not voluntarily consented to the search. The district...

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