DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091230P.pdf 06/11/2010 United States v. James Greer
U.S. Court of Appeals Case No: 09-1230
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Benton, Circuit Judge, and
Piersol, District Judge]
Criminal case - criminal law and sentencing. Police officers' entry onto
defendant's porch was not unconstitutional as he consented to their entry;
however, the officers' subsequent entry in to his home was unlawful; the
evidence seized during the search of the home was admissible because
defendant consented to the entry and his consent was not tainted by the
illegal entry since several intervening circumstances demonstrated he had
time to pause and reflect before he granted consent; evidence was
sufficient to support defendant's conviction for possession of a firearm;
district court did not err in determining defendant qualified for sentencing
under the Armed Career Criminal Act; sentence was not unreasonable.