United States v. Anthony McGee

MEMORANDUM

Anthony McGee appeals his conviction and sentence for felon in possession of a firearm and ammunition, possession with intent to distribute methamphetamine, and possession of a firearm in relation to drug trafficking, pursuant to 18 U.S.C. § 922 (g), 21 U.S.C. § 841 (a), and 18 U.S.C. § 924 (c), respectively. McGee contends that the district court erred by: (1) holding an evidentiary hearing on his motion to sup press when the Government’s opposition was not supported by sworn declarations; (2) denying his motion to suppress the firearm and methamphetamine evidence; (8) denying his motions to disclose the identities of the confidential informants who tipped off the officers who arrested him; (4) denying his motion for acquittal for insufficiency of the evidence; (5) failing to dismiss the superseding indictment for failure to arraign; and failing to dismiss the felon in possession charge for constructive amendment. For the reasons explained below, we affirm.

1. The district court did not abuse its discretion in finding that the police reports attached to McGee’s motion to suppress, which' were signed under penalty of perjury, created disputes of fact requiring an…