United States v. James Wilkinson

MEMORANDUM

James Quincy Wilkinson appeals the district court’s denial of his motion to suppress and his fifteen-year mandatory-minimum sentence imposed under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1) (2012), following his bench-trial conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) (2012). We have jurisdiction under 28 U.S.C. § 1291 (2012) and 18 U.S.C. § 3742 (2012). We review de novo a district court’s denial of a motion to suppress. United States v. Brown, 563 F.3d 410, 414 (9th Cir.2009). But we review the underlying factual findings for clear error. Id. We review de novo whether a prior conviction constitutes a predicate felony under the ACCA. United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc). We affirm in part, vacate the sentence, and remand for resen-tencing.

The district court did not err in denying Wilkinson’s motion to suppress. Based on the totality of the circumstances, the officers had probable cause at the time of the entry to believe that Wilkinson resided at the apartment with S.C. The district court did not clearly err in crediting Officer Ringer, who testified that S.C. said…