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US v. Thurman, No. 09-3545

By FindLaw Staff on November 22, 2010 3:44 PM

Firearm Possession Conviction Affirmed

In US v. Thurman, No. 09-3545, the court affirmed defendant's conviction for unlawful possession of a firearm and ammunition as a previously convicted felon, holding that 1) despite an officer's conclusory statement, so long as the issuing magistrate can fairly infer the source and basis of the information in a warrant application, the magistrate permissibly may consider such an assertion when determining whether probable cause exists; and 2) the warrant contained sufficient information to identify the particular frame house at issue as the premises to be searched.

As the court wrote:  "Dale Thurman was convicted of unlawful possession of a firearm and
ammunition as a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1).  Before trial, he moved to suppress evidence obtained during the search of a house in Marshall County, Iowa. The district court denied Thurman's motion, and a jury found Thurman guilty as charged. He appeals the denial of his motion to suppress, and we affirm."

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