United States v. Timmothy Thompson
Opinion
Timmothy Thompson, Sr., appeals from the district court’s 1 denial of his motion to suppress evidence obtained by St. Louis County Police Officer Keith Coleman during a visit to Thompson’s home in response to a report that Thompson pointed a gun at his neighbor. 2 When questioned by Officer Coleman, Thompson admitted to brandishing a gun. Thompson offered to retrieve the gun, but Officer Coleman requested permission to enter the home to see the gun. Although Officer Coleman did not have a warrant to enter the premises, Thompson said it was “okay” for the officer to enter. Officer Coleman seized two firearms from the residence.
Thompson made a motion to suppress the evidence, arguing that he did not give Officer Coleman consent to enter the premises. The district court found Officer Coleman a more credible witness and denied Thompson’s motion to suppress. “A district court’s determination as to the credibility of a witness is virtually unre-viewable on appeal.” United States v. Heath, 58 F.3d 1271, 1275 (8th Cir. 1995). Accordingly, we affirm the judgment of the district court.
A true copy.
. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri, adopting the Report and Recommendation of United States Magistrate Judge Mary Ann L. Medler.
. Thompson entered a conditional plea of guilty to felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d).
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Timmothy THOMPSON, Sr., Appellant
- Status
- Unpublished