United States v. Bryant
United States v. Bryant
Opinion of the Court
MEMORANDUM
Michael Davis Bryant appeals his conviction and sentence following his guilty plea to “felon in possession of a firearm” in violation of 18 U.S.C. § 922(g)(1).
The firearm was found in the trunk of his brother’s car, parked in front of Bryant’s mother’s residence. Bryant claims that the gun should have been suppressed as the fruit of the poisonous tree rooted in the allegedly unlawful search of the mother’s residence. Under the terms of his probation, Bryant had consented to searches of his person, property, and residence. He contends that the officers did not have reasonable suspicion to believe that the premises searched constituted his residence. He relies upon the fact that he had provided a different address for his residence to his probation officer.
Bryant challenges his sentence on the ground that the district court erroneously relied upon an Alford plea as one of the prior convictions making him a career offender. We have held to the contrary. United States v. Guerrero-Velasquez, 434 F.3d 1193, 1197 (9th Cir. 2005). Finally, the district court did not err in holding that Bryant’s state riot offense is a “violent felony” for purposes of sentence enhancement under 18 U.S.C. § 924(e)(1).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.