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District court's denial of defendant's motion to suppress certain evidence affirmed in part and reversed in part in a prosecution for being a felon in possession of a firearm
US v. Gross, 08-4051, concerned a challenge to the district court's conviction of defendant for being a felon in possession of a firearm and imposition of a 180-month sentence under the Armed Career Criminal Act (ACCA).
In affirming in part, the court held that the district court's denial of defendant's suppression motion as to the DNA swab and confession was proper as the evidence is sufficiently attenuated from the prior unlawful seizure such that any taint has dissipated. However, the court reversed the district court's denial of defendant's motion to suppress as to the firearm and remanded as it was not sufficiently attenuated and must be suppressed as fruit of the poisonous tree. Lastly, the court vacated and remanded defendant's sentence for the district court to determine whether defendant's prior escape conviction is a crime of violence under the ACCA.