United States v. Tompkins

WIENER, Circuit Judge:

Defendant-Appellant David Roy Tompkins appeals his 21 U.S.C. § 841(a)(1) conviction for possession with intent to distribute methamphetamine, arguing that some of the evidence used against him was the product of an unlawful search and, as such, was erroneously admitted at trial. Tompkins’ initial contention is that this circuit should revise its standard of review of a district court’s ultimate determination that consent to search was voluntary — changing from clear error to de novo — basing his argument on a recent Supreme Court opinion. 1 Finding Tompkins’ position on…