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.
081974P.pdf 02/10/2009 United States v. Larry Darnell Armstrong
U.S. Court of Appeals Case No: 08-1974
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Riley, Author, with Murphy and Gruender, Circuit Judges]
Criminal case - criminal law and sentencing. Circumstances
surrounding seizure of a handgun were sufficient to establish probable
cause that drug trafficking was taking place; because it is unlawful to use,
carry or possess a firearm in furtherance of drug trafficking, the
incriminating nature of a handgun found at the house would have been
immediately apparent, and officers were justified in seizing the gun under
the plain view doctrine; defendant made a knowing and valid waiver of
his right to counsel at a prosecution for attempted burglary and his
argument that the offense could not be considered for purposes of
determining whether he qualified for sentencing as an armed career
criminal is rejected.