United States v. Cannon

340 F. App'x 826
CourtCourt of Appeals for the Third Circuit
DecidedAugust 17, 2009
DocketNo. 07-2000
StatusPublished

This text of 340 F. App'x 826 (United States v. Cannon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cannon, 340 F. App'x 826 (3d Cir. 2009).

Opinion

OPINION

McKEE, Circuit Judge.

Following a jury trial, Oddell Quarn Cannon was convicted of one count of illegal possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g) and 924(e), and one count of possession of body armor by a person convicted of a violent felony, in violation of 18 U.S.C. § 931. He appeals both convictions as well as the sentence that was imposed for those crimes. For the reasons that follow, we will affirm the judgment of convictions, but remand for resentencing on Count Two of the indictment.

I.

On May 22, 2006, police arrived to the 700 block of East Chestnut Street in Coatesville, Pennsylvania where they found Cannon and another individual lying near each other, both apparently suffering from multiple gun shot wounds. Cannon was approximately 50 yards away from his 1998 Buick, and a handgun and a bag that appeared to contain marijuana were within his reach. It was later discovered that Cannon was wearing body armor.

Detective Martin Quinn, who arrived shortly after Cannon was transported to the hospital, was informed by a state trooper that a friend of Cannon’s had attempted to remove Cannon’s Buick from the scene. Thereafter, Detective Quinn transported the Buick to the Coatesville Police Station where Corporal McEvoy and Detective Pawling of the Coatesville City Police Department obtained a warrant to search the Buick. During the course of the ensuing search, Detective Quinn found a .357 Magnum and fourteen rounds of ammunition in the trunk of the car. Thereafter, on May 31, 2006, a grand jury returned an indictment charging Cannon with one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g) and 924(e), and one count of possession of body armor by a person convicted of a violent felony, in violation of 18 U.S.C. § 931.

Cannon subsequently moved to suppress the evidence that had been seized from the car. The district court denied that motion after a suppression hearing. The court ruled that although the search warrant was not supported by probable cause, the police acted in good faith reliance on the warrant and the evidence was therefore admissible pursuant to United, States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).1 Thereafter, a jury [828]*828convicted Cannon of both counts of the indictment, and he was sentenced to a term of imprisonment of 180 months.

On appeal, Cannon argues that the district court erred by: (1) denying his motion to suppress physical evidence; (2) finding that he was an “armed career criminal” under the Armed Career Criminal Act (“ACCA”), codified at 18 U.S.C. § 924(e); (3) assigning three criminal history points pursuant to U.S.S.G. § 4Al.l(d) and U.S.S.G. § 4Al.l(e); (4) refusing to reduce his sentence for acceptance of responsibility under U.S.S.G. § 3E1.1; and (5) imposing a 60 month sentence on Count Two which has a statutory maximum of 36 months. We will address each of Cannon’s arguments separately.

II.

Cannon first argues that the search was not supported by probable cause, and the good faith exception to the warrant requirement does not apply because “the affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.”2 See Appellant’s Brief at p. 10. We review the district court’s findings of fact at a suppression hearing for clear error, but the court’s application of legal principles to those facts receives plenary review. United States v. Inigo, 925 F.2d 641, 656 (3d Cir.1991); and United States v. Riddick, 156 F.3d 505, 509 (3d Cir.1998).

The existence of probable cause for a search warrant is determined by an examination of the “totality of the circumstances.” Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Probable cause exists when the totality of the circumstances suggests “ ‘there is a fair probability that contraband or evidence of a crime will be found in a particular place.’ ” United States v. Hodge, 246 F.3d 301, 305 (3d Cir.2001) (quoting Gates, 462 U.S. at 238, 103 S.Ct. 2317 (1983)).

In United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), the Supreme Court adopted a “good faith” exception to the warrant requirement of the Fourth Amendment. Following Leon, evidence will not be suppressed merely because it is seized pursuant to an invalid search warrant. Rather, a defendant must show that the warrant was so facially defective that reliance on it was objectively unreasonable. Hodge, 246 F.3d at 307 (quoting United States v. Williams, 3 F.3d 69, 74 (3d Cir.1993)). Accordingly, “[t]he test for whether the good faith exception applies is whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate judge’s authorization.” Id. (citing Leon, 468 U.S. at 922, 104 S.Ct. 3405). Although “[t]he mere existence of a search warrant typically suffices to prove that an officer conducted a search in good faith,” there are certain situations where an officer’s reliance on a search warrant would not be reasonable. These include situations where a warrant is issued: “(1) in reliance on a deliberately or recklessly false affidavit, (2) when the magistrate judge abandoned his judicial role and failed to perform his neutral and detached function, (3) when the warrant was based on an affidavit so lacking in indicia of probable cause [829]*829as to render official belief in its existence entirely unreasonable, or (4) when the warrant was so facially deficient that it failed to particularize the place to be searched or the things to be seized.” Id. at 308.

Here, the affidavit averred that Cannon was injured after being involved in an apparent “shoot-out.” Cannon was discovered near a handgun, a bag of marijuana, and his Buick. The affiant stated that it was his experience that persons who unlawfully possess firearms and drugs frequently keep drug paraphernalia, ammunition and additional firearms in them cars and residences.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
United States v. Kevin Lamar Jackson
756 F.2d 703 (Ninth Circuit, 1985)
United States v. Alex Hodge
246 F.3d 301 (Third Circuit, 2001)
United States v. Rose
538 F.3d 175 (Third Circuit, 2008)
United States v. Williams
3 F.3d 69 (Third Circuit, 1993)
United States v. Conley
4 F.3d 1200 (Third Circuit, 1993)
United States v. Jones
994 F.2d 1051 (Third Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
340 F. App'x 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cannon-ca3-2009.