United States v. Joe Clark Thornton

The issues in this appeal of a federal firearms conviction are (1) whether Thornton’s arrest and the seizure of the gun violated the Fourth Amendment, (2) whether admission of a government form evidencing nonregistration was reversible error, and (3) whether the district court’s order that the sentences run consecutively to a state sentence was beyond its authority.

FACTS

While patrolling early one morning, Officer Cobley of the Boise Police received a radio message that a car was parked near an intersection partially in the traffic lane with its lights on.

Cobley arrived at the scene and found a vehicle, parked as reported. He approached and observed Thornton sitting behind the wheel, apparently asleep or unconscious. He saw about eight inches of an altered gun stock protruding from under the front seat, next to Thornton’s right leg.

Cobley returned to his patrol car and ran a registration check on the car, revealing that it was registered to a Boise woman. He requested assistance.

After three other officers arrived, Thornton was removed from the car and arrested on state charges of carrying a concealed weapon within city limits. A pat-down search revealed five 16-gauge…