United States v. Kern, 070209 FED4, 08-4874

Docket Nº:08-4874
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ADAM LEE KERN, Defendant-Appellant.
Attorney:Brendan S. Leary, Assistant Federal Public Defender, Wheeling, West Virginia, for Appellant. Sharon L. Potter, United States Attorney, David J. Perri, John C. Parr, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee.
Judge Panel:Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Case Date:July 02, 2009
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ADAM LEE KERN, Defendant-Appellant.

No. 08-4874

United States Court of Appeals, Fourth Circuit

July 2, 2009

UNPUBLISHED

Submitted: June 11, 2009

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:08-cr-00014-FPS-JES-1)

Brendan S. Leary, Assistant Federal Public Defender, Wheeling, West Virginia, for Appellant.

Sharon L. Potter, United States Attorney, David J. Perri, John C. Parr, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Adam Lee Kern entered a conditional plea of guilty to possession of firearms by a felon, in violation of 18 U.S.C. § 922(g)(1) (2006), reserving the right to challenge the district court's denial of his motion to suppress. Kern was sentenced to sixty-three months' imprisonment. Finding no error, we affirm.

On appeal, Kern's counsel contends that the district court erred in denying the motion to suppress. We review the factual findings underlying the denial of a motion to suppress for clear error and the court's legal conclusions de novo. United States v. Branch, 537 F.3d 328, 337 (4th Cir. 2008), cert, denied, 129 S.Ct. 943 (2009). The evidence is construed in the light most favorable to the prevailing party below. United States v. Uzenski, 434 F.3d 690, 704 (4th Cir. 2006).

At the motion hearing, Shaun R. Curran, a trooper with the West Virginia State Police, testified that a multi-state search had been conducted in an attempt to locate Kern. Curran was aware of several confirmed warrants that had been issued for Kern's arrest, including a federal warrant involving Kern's flight to avoid prosecution. Kern was additionally under investigation for alleged "sexual misconduct" with his two pre-teen step-daughters.

Several confidential sources informed law enforcement officers that a man, woman, and two children fitting the description of Kern's family had been observed for several weeks coming and going from a farm in Tyler County, West Virginia.* Sources were unclear as to the owner of the property but "believed it was an heirship."...

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