073732P.pdf   11/24/2008  United States  v.  Javarlo Perry
   U.S. Court of Appeals Case No:  07-3732
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Bye, Author, with John R. Gibson and Smith, Circuit
   Judges]
   Criminal case - criminal law and sentencing. Defendant failed to show
   that he had an objectively reasonable expectation of privacy inside the
   VFW hall where he was arrested, as he failed to show that the hall had a
   policy limiting admission, that he was entitled to be present under that
   policy, and that the policy was strictly and consistently enforced; as a
   result, he had no standing to challenge the search of the hall, and the
   district court did not err in denying his motion to suppress; district court
   did not violate the provisions of 28 U.S.C. Sec. 636(b)(1)(B) when it
   referred defendant's motion to suppress to a magistrate judge for the
   preparation of a report and recommendation; fact that firearm was
   transported across state lines is sufficient to satisfy the requirements of 18
   U.S.C. Sec. 922(g); district court may make findings of facts at
   sentencing under a preponderance of evidence standard so long as it treats
   the Guidelines as advisory.