Bryant

United States v. Bryant

Good Law
203 F. App'x 41
United States Court of Appeals for the Ninth CircuitOctober 2, 2006No. 05-30574California382 words

Opinion

Lead Opinion

MEMORANDUM *

Michael Davis Bryant appeals his conviction and sentence following his guilty plea to “felon in possession of a firearm” in violation of 18 U.S.C. § 922 (g)(1).

The firearm was found in the trunk of his brother’s car, parked in front of Bryant’s mother’s residence. Bryant claims that the gun should have been suppressed as the fruit of the poisonous tree rooted in the allegedly unlawful search of the mother’s residence. Under the terms of his probation, Bryant had consented to searches of his person, property, and residence. He contends that the officers did not have reasonable suspicion to believe that the premises searched constituted his residence. He relies upon the fact that he had provided a different address for his residence to his probation officer.

*43 The district court found that the probation officer had reasonable suspicion to believe that Bryant was not living at the address he provided, but was living instead at his mother’s house. This finding was not clearly erroneous. The probation officer testified that Bryant could not be found at the address he had given, and a police officer testified that both a friend and a relative of Bryant told the…

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