United States v. Holliman, 032614 FED7, 12-3188

Docket Nº:12-3188
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DEONTAE T. HOLLIMAN, Defendant-Appellant.
Judge Panel:Before DIANE P. WOOD, Chief Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge
Case Date:March 26, 2014
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

DEONTAE T. HOLLIMAN, Defendant-Appellant.

No. 12-3188

United States Court of Appeals, Seventh Circuit

March 26, 2014

NONPRECEDENTIAL DISPOSITION

Submitted March 26, 2014

Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 11 CR 50064, Philip G. Reinhard, Judge.

Before DIANE P. WOOD, Chief Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge

ORDER

Deontae Holliman pleaded guilty to possession of a firearm by a felon, see 18 U.S.C. § 922(g)(1), and was sentenced as an armed career criminal to the statutory minimum of 180 months, see 18 U.S.C. § 924(e)(1). Holliman filed a notice of appeal, but his appointed lawyer has concluded that the appeal is frivolous and seeks to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967). Holliman opposes counsel's motion. See Cir. R. 51(b). We limit our review to the potential issues identified in counsel's facially adequate brief and Holliman's response. See United States v. Schuh, 289 F.3d 968, 973–74 (7th Cir. 2002). Counsel informs us that Holliman does not wish to challenge his guilty plea, so counsel properly forgoes discussing the voluntariness of the plea. See United States v. Konczak, 683 F.3d 348, 349 (7th Cir. 2012); United States v. Knox, 287 F.3d 667, 671 (7th Cir. 2002).

Police in an unmarked squad car were patrolling a high-crime area in Rockford at night when they noticed a crowd gathered in the street. The squad car pulled up near the gathering and flashed its emergency lights, at which point the officers saw Holliman scurry behind a parked sedan and drop a handgun on the pavement. An officer followed Holliman and ordered him to the ground at gunpoint, but Holliman kept walking to the passenger side of the sedan. When the officer repeated the directive, Holliman dropped to the ground and was arrested.

After being indicted, Holliman moved to suppress the handgun and the recovered ammunition as fruits of an illegal seizure, and sought an evidentiary hearing. In his view he was seized without reasonable suspicion when the officers pulled up in their squad car near the sedan and flashed its emergency lights. The district court denied both the motion to suppress and the request for a hearing. No hearing was necessary, the court determined, because the material facts were...

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