United States v. Eddie McClendon

OPINION

GOULD, Circuit Judge:

Eddie Ray McClendon appeals his conviction pursuant to a conditional plea agreement for one count of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He contends that the district court erroneously denied his motion to suppress the handgun that formed the basis for his conviction because the discovery of that handgun was the product of an illegal search and an illegal seizure. We must first decide whether McClendon was seized in violation of the Constitution by the police before he tossed the gun away. If McClendon was seized…