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US v. Craig, No. 09-3398

By FindLaw Staff on January 05, 2011 5:52 PM

Felon In Possession Conviction Affirmed

In US v. Craig, No. 09-3398, the court affirmed defendant's conviction and sentence for being a felon in possession of a firearm where 1) an officer's testimony was sufficient to support the district court's finding that the physical evidence the officers observed while illegally in the residence did not prompt the officers to obtain the warrant; 2) the rule in Payton was designed to protect the physical integrity of the home, not to grant criminal suspects protection for statements made outside their premises where the police had probable cause to arrest the suspect for committing a crime; and 3) defendant's sexual battery offense met the definition of "crime of violence" under U.S.S.G. section 4B1.2(a)(2).

As the court wrote:  "Kevin Craig appeals his conviction based on a conditional guilty plea and his subsequent 120-month sentence for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). In this appeal, Craig argues that the district court1 erred in denying his motion to suppress physical evidence and statements he gave to law enforcement officers."

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