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United States v. Jackson

United States Court of Appeals, Eighth Circuit

May 5, 2015

United States of America, Plaintiff - Appellee
v.
A.C. Jackson, Defendant - Appellant

 Submitted March 13, 2015

Page 1228

Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau.

For United States of America, Plaintiff - Appellee: Keith D. Sorrell, U.S. Attorney's Office, Eastern District of Missouri, Cape Girardeau, MO.

A.C. Jackson, Defendant - Appellant, Pro se, Tucson, AZ.

For A.C. Jackson, Defendant - Appellant: Scott Tilsen, Assistant Federal Public Defender, Federal Public Defender's Office, Cape Girardeau, MO.

Before MURPHY and SHEPHERD, Circuit Judges, and HARPOOL,[1] District Judge.

OPINION

Page 1229

HARPOOL, District Judge.

A.C. Jackson was convicted on two counts of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Jackson now appeals the district court's[2] denial of his motion to suppress. Specifically, Jackson argues the district court erred in finding that while the application for the search warrant failed to supply probable cause for its issuance, the Leon good faith exception to the exclusionary rule allowed the admission of evidence. We affirm.

I.

On March 28, 2013, a Wayne County, Missouri deputy received a call from a dispatcher that a man wanted to report that his firearm had been stolen. When the deputy arrived at the home of Bob Elledge he discovered the man reporting the stolen firearm was the Defendant, A.C. Jackson. A Missouri Highway Patrol Trooper arrived shortly thereafter to assist.

Defendant informed the deputy that he had purchased a .22 caliber rifle from Elledge for $200 and that Defendant's nephew, Bobby Joe Jackson, had stolen the rifle. When the deputy stepped outside to speak with the trooper, she informed him Defendant was a previously convicted felon with numerous armed criminal actions on his criminal history report.

The officers proceeded to contact the nephew, Bobby Joe Jackson. The nephew informed the officers he was involved in a dispute with Defendant and feared for his life. He stated Defendant had threatened to shoot him. Bobby Joe Jackson stated he had told Elledge this story and asked if he could take the gun to feel safer and keep the gun away from Defendant. Elledge had agreed to give the gun to the nephew. In addition, ...


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