United States v. Joseph Brice

MEMORANDUM

Defendant Joseph Brice (“Brice”) pled guilty to manufacturing an unregistered firearm, in violation of 26 U.S.C. § 5861 (f), and attempting to provide material support to terrorists, in violation of 18 U.S.C. § 2339A(a). He appeals (1) the denial of his Fourth Amendment motion to suppress evidence seized from his jail cell and (2) the denial of his motion to dismiss the indictment, suppress evidence, recuse the judge, and/or remove the U.S. Attorneys’ Office and Probation Office from the case for an alleged violation of his Sixth Amendment rights. We affirm.

The district court did not err by denying Brice’s Fourth Amendment motion to suppress evidence seized from his jail cell. As this circuit and the Supreme Court have held, Brice had no reasonable expectation of privacy in his cell and cannot assert a claim for a warrantless search under the Fourth Amendment. See Hudson v. Palmer, 468 U.S. 517, 525-26 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984) (“[W]e hold that society is not prepared to recognize as legitimate any subjective expectation of privacy that a prisoner might have in his prison cell and that, accordingly, the Fourth Amendment proscription against…