United States v. William Lawrence Potter

Defendant William L. Potter was convicted under 18 U.S.C. § 922 (g)(1) for possession of a firearm by a felon. His sentence was enhanced pursuant to 18 U.S.C. § 924 (e)(1), which mandates a fifteen-year minimum prison term for persons convicted under section 922(g)(1) who have been convicted of three prior “violent felonies.” Potter appeals on two grounds. First, he appeals the district court’s denial of his motion to suppress the gun found in his possession, alleging that it was found pursuant to an illegal search. Second, Potter asserts that his sentence was improperly enhanced under Section 924(e)(1) because he did not have three predicate violent felonies. We reject both of Potter’s contentions and affirm his conviction and sentence.

I. FACTS

On April 4, 1988, Officer Paul Schabert of the City of Sacramento Police Department received a radio call regarding drug sales activity in front of an apartment complex at 3110 W Street in Sacramento. Officer Schabert arrived at the apartment complex within two minutes of the call. He parked his patrol car nearby in an alley and approached quietly in order to observe any activity in front of the complex without being seen.

Officer…