U.S. v. Nichols

In prosecution on charge of unlawful possession of firearm ammunition by felon, Dist. Ct. did not err in denying defendant’s motion to suppress his confession to said charge, even though defendant asserted that his confession was based on false promises of leniency. Probation officer denied having made any promise of leniency prior to defendant revealing to her that he had collection of ammunition in his home, and Dist. Ct. could properly find that probation officer was believable, where probation officer had warned defendant on several prior occasions about possessing ammunition, and where defendant had many opportunities to dispose of his ammunition without experiencing negative consequences prior to his confession to probation officer. Also, Dist. Ct. could properly impose two-level enhancement for obstruction of justice and deny defendant’s request for downward adjustment for acceptance of responsibility associated with his guilty plea, where defendant presented false testimony at suppression hearing.