United States v. Birkett

SENTENCING MEMORANDUM

YOUNG, District Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 25, 2006, the United States indicted Kern Birkett (“Birkett”) for possession of a firearm and ammunition by a felon in violation of 18 U.S.C. § 922(g)(1).

Birkett initially pled not guilty. Birkett subsequently challenged the incriminating physical and testimonial evidence collected against him through a motion to suppress. The hearing on the motion to suppress commenced on November 27, 2006. At the hearing, Birkett took the stand and was cross-examined by the government. Despite Birkett’s testimony, in light…