United States v. Garner, 71-1326
| Decision Date | 26 November 1971 |
| Docket Number | No. 71-1326,71-1327 and 71-1328.,71-1326 |
| Citation | 451 F.2d 167 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. George Finis GARNER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Ray Lee Jenkins, Knoxville, Tenn., court appointed, for appellant; Jenkins & Jenkins, Knoxville, Tenn., of counsel.
Robert E. Simpson, Knoxville, Tenn., for appellee; John L. Bowers, Jr., U. S. Atty., Robert E. Simpson, Asst. U. S. Atty., Knoxville, Tenn., of counsel.
Before McCREE, BROOKS and KENT, Circuit Judges.
These appeals are from convictions, by verdict of a jury, under three separate indictments containing a total of five counts. Indictment No. 17,725, in Count I, charged the appellant with knowingly having in his possession a firearm, he having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of Title 18 App. 1202(a) U.S.C., and in Count II with wilfully and knowingly transporting firearms and ammunition in interstate commerce, he having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of Title 18 §§ 922(g) and 924 U.S.C. Indictment No. 17,726 charged the appellant with knowingly possessing unregistered firearms and destructive devices in violation of Title 26 U.S.C. §§ 5861(d) and 5871. Indictment No. 17,727, in Count I, charged knowing retention of stolen United States Postal Money Orders in violation of Title 18 U.S.C. § 641, and in Count II with knowingly possessing, with intent to defraud, fraudulent United States Postal Money Orders in violation of Title 18 U.S.C. § 472. In his appeals the appellant attacks the District Court's denial of his motion to suppress evidence obtained when his car was searched, the denial of his motion for acquittal and his conviction.
A recitation of the facts is required. On the evening of February 5, 1970, a Tennessee State Trooper was cruising on U.S. Highway 411. He testified that he observed a car coming up behind him at a high rate of speed which dimmed its lights and dropped back away from him. In a short time the car passed the trooper at which time the trooper shined his spotlight across the rear window of the car. The driver (appellant) of the car then turned off his lights and accelerated his car to speeds of upwards of 120 miles per hour. The trooper, realizing that he would be unable to catch the fleeing car, radioed ahead to officers of Blount County, Tennessee, and requested that they set up roadblocks, which was done. The pursued car broke through two of the roadblocks, but finally, after approximately 26 miles of high speed pursuit, the appellant drove into the yard of a house in the City of Maryville, Tennessee, turned and struck a police cruiser which had set up another roadblock. The Tennessee State Trooper and another officer ran to the car in question and pulled the appellant from the car, as they did so they observed a .45 caliber pistol on the floor of the car, which upon examination they found was loaded, cocked and had a shell in the chamber. Thereafter, the officers removed the keys from the car and searched the interior of the car and the trunk. In the trunk they found a shotgun (in the case), a briefcase in which they found a large number of money orders (which it developed had been stolen), another briefcase in which they found explosives and blasting caps. In the briefcases they also found a .357 Magnum pistol; 50 rounds of .357 Magnum cartridges; 47 rounds of .45 caliber cartridges; 37 rounds of .38 caliber cartridges, and 10 rounds of 12 gauge shotgun shells.
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