U.S. v. Bass, 102802 FED6, 01-5534

Docket Nº:01-5534
Party Name:U.S. v. Bass
Case Date:September 18, 2002
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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United States of America, Plaintiff-Appellee,

v.

Shawn Oliver Bass, Defendant-Appellant.

No. 01-5534

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Argued: September 18, 2002

Decided and Filed:

October 28, 2002

Appeal from the United States District Court for the Western District of Tennessee at Jackson.

No. 00-10054--James D. Todd, Chief District Judge.

Before: SILER, DAUGHTREY, and GILMAN, Circuit Judges.

COUNSEL

ARGUED: Scott G. Kirk, Jackson, Tennessee, for Appellant. Richard Leigh Grinalds, ASSISTANT UNITED STATES ATTORNEY, Jackson, Tennessee, for Appellee.ON BRIEF: Scott G. Kirk, Jackson, Tennessee, for Appellant. Richard Leigh Grinalds, ASSISTANT UNITED STATES ATTORNEY, Jackson, Tennessee, for Appellee.

OPINION

RONALD LEE GILMAN, Circuit Judge. Shawn Oliver Bass was indicted for being a felon in possession of a firearm and for possession of an unregistered, sawed-off shotgun. After the district court twice denied his motion to suppress the evidence of the shotgun, Bass entered a conditional plea of guilty. The district court subsequently sentenced him to 130 months in prison. Bass now appeals, challenging the district court's denial of his motion to suppress and its determination of his sentence. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

On June 2, 2000, Ernestine James telephoned the Jackson Police Department (JPD) to report a disturbance within the apartment complex located at 33 Carver Street in Jackson, Tennessee. Officer William Ellis responded to the call. Within a minute of the telephone call, he located James at the D building of 33 Carver Street. Officer Mark Headen arrived at approximately the same time.

James explained to each officer that she had just witnessed a black male fire several gunshots at two other men, one of whom was her son, and then flee into an upstairs apartment in the nearby E building. As additional JPD officers arrived, they formed a perimeter around the E building. Sergeant Johnny Jines then accompanied Officers Ellis and Headen to the upstairs apartment identified by James. Niketa Jordan answered their knock. When the officers asked who else was in the apartment, Jordan answered that her children and her husband, Shawn Bass, were there.

Officers Ellis and Headen then entered the apartment without permission and commanded the man to appear. After Bass exited the bedroom, the officers brought him into the apartment's living room and handcuffed him. Officer Ellis proceeded to conduct a protective sweep of the apartment. In the course of checking to see if anyone was hiding under the bed, he lifted the box springs. When he dropped the bed back into place, he noticed a sawed-off shotgun hidden between the box springs and the mattress.

Officer Ellis also discovered the empty casings of ammunition used for a handgun. When confronted with the casings, Bass told the police that he had shot at the two men as reported by James because they had...

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