United States v. Che Borgess Huffman

461 F.3d 777, 2006 U.S. App. LEXIS 22219, 2006 WL 2482811
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 30, 2006
Docket05-2058
StatusPublished
Cited by75 cases

This text of 461 F.3d 777 (United States v. Che Borgess Huffman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Che Borgess Huffman, 461 F.3d 777, 2006 U.S. App. LEXIS 22219, 2006 WL 2482811 (6th Cir. 2006).

Opinions

GILMAN, J., delivered the opinion of the court, in which SUTTON, J., joined.

WISEMAN, D.J. (pp. 788-791), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit judge.

Officers Deonne Dotson and Nathaniel Womack, police officers with the City of Detroit Police Department, responded to a 911 call reporting that shots had been fired at the residence located at 5742 Lonyo Street. When the officers arrived, they observed bullet holes as well as broken glass on the premises. The officers knocked and announced their presence, but no one answered. They then climbed through a partially open window to make sure that no one inside was injured from the gunshots. While walking through the house, they found Che Huffman asleep with a fully loaded assault rifle within arm’s reach. Huffman also possessed ammunition and a fully loaded “banana clip” in his pocket. Based on this evidence and Huffman’s post-arrest statements, he was charged with the following three counts: (1) possession of a firearm by a felon, (2) possession of a firearm by an illegal drug user, and (3) possession of ammunition by a felon.

The district court denied Huffman’s motion to suppress the evidence seized as a result of the officers’ warrantless entry into the residence and, following a conditional guilty plea, Huffman was sentenced to 96 months of imprisonment followed by 3 years of supervised release. On appeal, Huffman argues that the district court erred in denying his motion to suppress and in applying a four-level increase pursuant to § 2K2.1(b)(5) of the now-advisory United States Sentencing Guidelines. For the reasons set forth below, we AFFIRM the judgment of the district court.

[780]*780I. BACKGROUND

On June 28, 2004, a caller alerted the City of Detroit’s 911 call center that shots had been fired at the residence next door to the caller’s. Although the 911 call was placed around noon, the caller reported that the shots had been fired approximately eight hours earlier — at “four o’clock at night.” The ,911 dispatcher immediately requested police officers to respond, warning the officers that shots had been fired and that someone inside the house might be potentially shot, injured, or killed. He neglected to tell the officers, however, when the shots were fired.

Minutes after receiving the dispatch, Officers Dotson and Womack arrived at the scene. They noticed multiple bullet holes in the front windows of the house, and they stepped over shards of glass on the front porch. Upon peering through the windows, which were not obstructed by curtains or blinds, Dotson and Womack observed bullet impact marks on the interior walls of the house. They also saw several pieces of furniture in the house— suggesting that the house was occupied. But they did not observe any blood or other signs that someone inside the house had been injured or killed. Based on their experience in the field, Dotson and Wom-ack believed that the bullet marks on the exterior and interior walls of the house were consistent with those fired from automatic weapons commonly used in drive-by shootings in the area.

The officers knocked on the front door and announced their presence, but they received no answer. They then consulted with two neighbors at the scene, who confirmed that there had been shots fired earlier. The neighbors, however, did not specify the time of the shooting, and they were not asked if they had heard any sounds indicating that someone was injured as a result of the gunshots. Dotson and Womack again shouted “police, police” into the house, but still received no answer. After trying the front doorknob and finding it locked, the officers climbed into the house through a partially-open window.

The officers found Huffman asleep in a chair. A fully loaded automatic assault rifle with a laser scope was on the table directly in front of him. After waking Huffman up, the officers placed him under arrest. They then searched Huffman and found a fully loaded “banana clip” and additional ammunition in his pocket. He was later charged with (1) possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1), (2) possession of a firearm by an illegal drug user in violation of 18 U.S.C. § 922(g)(3), and (3) possession of ammunition by a felon in violation of 18 U.S.C. § 922(g)(1).

Following his arrest, Huffman gave two statements to the authorities. The first one, given to the Detroit Police Department, was transcribed as follows:

Q: Do you wish to tell me what happened when the officers saw you?
A: I sleep [sic] in a drug coma[.] I was sleeping] from using drugs 4 days in a row.
Q: What kind of drugs?
A: Crack cocaine.
Q: Do you live on Lonyo?
A: Yes, I was staying there because I have nowhere else to stay.
Q: So you knew there was a gun in the house?
A: No. I had left, and when I came back in I saw it [and] then I went to sleep.

His second statement, this one given to the Bureau of Alcohol, Tobacco, and Firearms (ATF), reads in relevant part as follows:

I had been living [at 5742 Lonyo] for about 1 month. I have a bedroom there and I live there with Dee and Mike. A guy named Andre rents the house. A guy named Steve and a guy named DJ [781]*781supply drugs to my house and the house next door.... D J and Steve are having a feud over who is going to supply dope to our house and the house next door. They got into a fight a couple nights ago and DJ stated that if he can’t sell dope in our house then nobody would.... Steve brought the [weapon] to the house a couple of days ago after the argument. Last night I was in the room with a girl and I heard shots fired. It sounded like a full automatic machine gun. Mike and Dee were also in the house. Nobody got shot. I then went next door and spent the night at Charlie’s house. This morning I came back home and put the [weapon] in my bedroom. I also picked up some of the bullets in my pocket. I then got high and fell asleep. Next thing I know, the police were standing over me with their guns out. The [weapon] was about 3 feet from me. I never shot that gun. The only reason my prints would be on that gun is because I moved it today.

Huffman moved to suppress the evidence found as a result of the warrantless search. Following a suppression hearing, the district court denied Huffman’s motion, concluding that the facts were sufficient to establish exigent circumstances justifying entry into the residence without a warrant. Huffman then entered a conditional plea of guilty to all three counts in the indictment without the benefit of a plea agreement.

The probation officer issued a Presen-tence Report (PSR), in which he assigned Huffman a base offense level of 18 and a criminal history category of IV. As a result of this calculation, the PSR recommended a sentencing range of 57-71 months. Both the government and Huffman filed objections to the PSR.

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

Related

State v. Nathan Cooper
Supreme Court of Rhode Island, 2025
Adamson v. City of Taylor
E.D. Michigan, 2025
Hershey 255571 v. Harwood
W.D. Michigan, 2025
State of Tennessee v. Denny Kentra Reynolds
Court of Criminal Appeals of Tennessee, 2024
United States v. Ivan Crump
65 F.4th 287 (Sixth Circuit, 2023)
State of Iowa v. Sam Daniel Abu Youm
Supreme Court of Iowa, 2023
State v. Curet
346 Conn. 306 (Supreme Court of Connecticut, 2023)
Richard Clemons v. John Couch
3 F.4th 897 (Sixth Circuit, 2021)
Caniglia v. Strom
953 F.3d 112 (First Circuit, 2020)
Estate of Sauceda v. City of North Las Vegas
380 F. Supp. 3d 1068 (D. Nevada, 2019)
United States v. Darryl Jackson
877 F.3d 231 (Sixth Circuit, 2017)
United States v. Thaddius Humphrey
656 F. App'x 91 (Sixth Circuit, 2016)
United States v. Martin
166 F. Supp. 3d 900 (E.D. Michigan, 2015)
United States v. Ronald Cook
776 F.3d 447 (Sixth Circuit, 2015)
United States v. Delmar Barclay
578 F. App'x 545 (Sixth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
461 F.3d 777, 2006 U.S. App. LEXIS 22219, 2006 WL 2482811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-che-borgess-huffman-ca6-2006.