Defendant was found guilty after a bench trial of unlawful possession of a firearm by a felon and possession with intent to distribute a controlled substance and was sentenced to 70 months in prison. On appeal, defendant argued that the district court erred when it denied his motion to suppress evidence and challenged the sufficiency of the evidence with regard to the firearm charge. Defendant also sought to adopt an additional constitutional challenge to the firearm charge. The Seventh Circuit affirmed, finding that the district court did not err in its analysis of the motion to suppress, that there was ample evidence to support a finding of constructive possession, and that the defendant waived the constitutional challenge. (SCUDDER and KOLAR, concurring)
Federal 7th Circuit Court
Criminal Court
Evidence