United States v. Whitaker

RIPPLE, Circuit Judge.

When Lonnie Whitaker’s car was searched, a police officer found a gun. Mr. Whitaker was subsequently charged with unlawfully possessing a firearm and ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He filed a motion to suppress the gun obtained from his car. The magistrate judge, after holding an evidentiary hearing, recommended that the district court deny the motion. The district court adopted the magistrate judge’s report. Mr. Whitaker pled guilty, but reserved his right to appeal the adverse decision on his suppression motion. The district…