111765P.pdf   08/28/2012  United States  v.  George Thompson
   U.S. Court of Appeals Case No:  11-1765
                          and No:  11-1813
                          and No:  11-2124
                          and No:  11-2604
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Melloy, Author, with Loken and Bye, Circuit Judges]
   Criminal case - Criminal law. District court did not err in denying
   defendant's motion to suppress wiretap evidence as the affidavit supplied
   in support of the government's application for the wiretap established
   probable cause to believe five or more persons were engaged in illegal
   betting operations; application also established the necessity for the
   wiretap; no error in denying a Franks hearing as the material defendant
   contends was improperly omitted did not negate the district court's
   finding of probable cause; no error in denying motion to sever;
   evidentiary challenges rejected; officers reasonably believed a storage
   room was appurtenant to the apartment covered by a search warrant and
   evidence seized from the storage room was properly admitted; claims of
   ineffective assistance of counsel were not sufficiently developed for
   consideration on direct appeal; evidence was sufficient to support
   defendant Baggett's conviction for aiding and abetting a felon in
   possession of a weapon, making a false statement to a federal agent and
   conspiring to obtain ammunition for a felon; the district court's grant of
   defendant Thompson's motion for judgment of acquittal on a count was
   an acquittal for purposes of double jeopardy, and the court could not
   reverse its holding and permit the count to go to the jury; while defendant
   Thompson's conviction on the count is reversed, the matter does not need
   to be remanded for resentencing because the sentence on this count is
   shorter than his other concurrent sentence and the vacated conviction
   does not affect the sentence.