United States v. Johnson

Opinion by Judge RICHARD C. TALLMAN; Partial Concurrence and Partial Dissent by JUDGE MILAN D. SMITH, JR.

TALLMAN, Circuit Judge:

Defendant-Appellant Todd Johnson pled guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(a)(1). On appeal Johnson argues (1) that the district court improperly denied his motion to suppress and (2) that the district court erred in declining to award him a one-level down•ward adjustment pursuant to § 3E.l.l(b) of the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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On October…