United States v. Daniel Clark Summers

TALLMAN, Circuit Judge:

Daniel Clark Summers was convicted, after a jury trial, on one count of being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) & 924(e) and one count of possession of an unregistered sawed-off shotgun under 26 U.S.C. §§ 5861(d) & 5871. Summers appeals the district court’s denial of his motion to suppress evidence and the district court’s jury instructions. He also challenges the constitutionality of 18 U.S.C. § 924(e) in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We have…