Waits

MEMORANDUM *

In 2005, David Waits’s former roommate, Jesus Hernandez, brought the police to the room Waits rented month to month. Hernandez said that Waits had been drinking through the night, had a loaded gun, and was making Hernandez uncomfortable. The police accompanied Hernandez into the room without a warrant, where they found Waits sleeping next to a rifle, which they seized.

*466 Waits subsequently pled guilty to being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1), a crime that carries a maximum sentence of ten years, id. § 924(a)(2). But Waits was sentenced to a mandatory fifteen-year-term pursuant to the Armed Career Criminal Act (“ACCA”), id. § 924(e), which applies to felons convicted of unlawfully possessing a firearm while having “three previous convictions” for “a violent felony.” A “violent felony” is a crime punishable by more than a year in prison that “is burglary, ... or otherwise involves conduct that presents a serious potential risk of physical injury to another[.]” Id. § 924(e)(2)(B)(ii).

Waits appeals from the denial of his motion to suppress the rifle as the product of an unlawful search. He also appeals from the court’s decision that two…