Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 11-4539
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Jerome B. Friedman, Senior
District Judge. (2:10-cr-00192-JBF-TEM-1)
Submitted:
Decided:
December 7, 2011
PER CURIAM:
Marlon Chris Taylor appeals from his conviction for
possession of a firearm by a convicted felon, in violation of 18
U.S.C. 922(g)(1) (2006).
well
as
the
firearm
itself.
He
also
contends
that
the
we affirm.
In May 2010, Taylors former girlfriend (and next-door
neighbor)
reported
to
the
Portsmouth,
Virginia
police
that
Officers
then entered his home to ensure that other individuals were not
present.
sweep.
Subsequently,
officers
obtained
arrest
warrants
for
on
charges
the
were
state
nolle
charges
prossed
until
in
November
favor
of
2010,
federal
when
those
prosecution.
the
United
States
Marshals
Service
Office.
While
and
situation
asked
without
whether
a
he
lawyer
would
like
present.
to
talk
Taylor
about
stated
he
the
was
At some point in
the
weapon
argument,
Taylor
stated,
he
knocked
the
from
her
He further advised
Newman that he did not know how the firearm ended up at his
residence.
By
pretrial
motion,
Taylor
sought
to
suppress
the
did not advise him of his Miranda rights before questioning him,
and
(2)
the
warrantless
firearm
sweep
of
was
his
improperly
residence
obtained
immediately
during
following
the
his
The
been suppressed.
motion to suppress.
issue
below;
accordingly,
we
appeal.
decline
to
consider
it
on
We review
the district courts findings of fact for clear error and its
legal conclusions de novo.
690, 704 (4th Cir. 2006).
commits
reversible
error
in
refusing
to
A district
provide
that
failure
the
to
give
defendant's
the
requested
ability
to
instruction
seriously
impaired
conduct
his
defense.
of discretion.
Id.
court
did
not
justification instruction.
err
in
declining
to
give
the
unlawful
injury,
and
that
present
he
did
threat
not
of
death
recklessly
or
serious
place
himself
bodily
in
that
he
had
no
reasonable
legal
alternative.
United
States v. Ricks, 573 F.3d 198, 202 (4th Cir. 2009) (internal
quotation marks omitted).
that
his
former
girlfriend
had
the
firearm
in
court
cogently
reasoned,
such
evidence,
her
As the
even
if
are
adequately
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED