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U.S. v. GROSS

No. 08-4051.

662 F.3d 393 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Demetrion GROSS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 15, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Nathan A. Ray , Burdon & Merlitti, Akron, Ohio, for Appellant. Daniel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

MARBLEY, D.J., delivered the opinion of the court, in which MARTIN, J., joined. GIBBONS, J. (pp. 408-15), delivered a separate opinion concurring in part and dissenting in part.

AMENDED OPINION

ALGENON L. MARBLEY, District Judge.

Defendant-appellant Demetrion Gross appeals the criminal judgment and 180-month sentence issued by the district court upon his guilty plea to being a felon in possession of a firearm. Gross challenges the district court's denial of a motion to suppress evidence based on an alleged unlawful seizure. He also disputes the determination that he was an armed career criminal under 18 U.S.C. § 924(e), arguing...

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