United States v. Valance Smith, Sr.

MEMORANDUM

Defendant-Appellant Valance Ray Smith (“Smith”) appeals his 2014 convictions and sentence for assault with a dangerous weapon with intent to do bodily harm and assault resulting in serious bodily injury under 18 U.S.C. §§ 113 (a)(3), 113(a)(6), and 1153. Because the parties are familiar with the facts and procedural history, we do not restate them except as necessary to explain our decision. We have jurisdiction under 28 U.S.C § 1291, and we affirm.

1. The district court properly denied Smith’s motion to suppress evidence from the searches of his home upon determining that Smith freely and voluntarily consented to those searches. See Georgia v. Randolph, 547 U.S. 103, 109 , 126 S.Ct. 1515 , 164 L.Ed.2d 208 (2006). Although Smith appeared intoxicated during the two searches, he had already begun cleaning the crime scene, gave his own version of the events, was able to answer the officer’s questions and sign the consent form without any difficulty, was alert, cooperative, and steady on his feet, had no trouble helping the officer lift a mattress, and did not appear to be confused at any point. Under these circumstances, the district court did not clearly err in…