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United States v. Roberts

United States Court of Appeals, Eighth Circuit

June 4, 2015

United States of America, Plaintiff - Appellee
v.
Phillip Anthony Roberts, Defendant - Appellant

Submitted February 13, 2015.

Page 1205

[Copyrighted Material Omitted]

Page 1206

Appeal from United States District Court for the District of Minnesota - St. Paul.

For United States of America, Plaintiff - Appellee: Jeffrey S. Paulsen, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN.

For Phillip Anthony Roberts, Defendant - Appellant: Reynaldo A. Aligada Jr., Assistant Federal Public Defender, Federal Public Defender's Office, Minneapolis, MN.

Phillip Anthony Roberts, Defendant - Appellant, Pro Se, Oxford, WI.

Before GRUENDER, SHEPHERD, and KELLY, Circuit Judges.

OPINION

Page 1207

GRUENDER, Circuit Judge.

Phillip Roberts was indicted for being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). The district court[1] found Roberts guilty after a bench trial. Roberts appeals his conviction and sentence, and we affirm.

I.

On July 23, 2012, a federal grand jury indicted Phillip Roberts for one count of being a felon in possession of a firearm. Before trial, Roberts moved to suppress a handgun and marijuana that the police recovered from the center console of his car as well as a statement he made to a police sergeant after his arrest. A magistrate judge[2] held a hearing on these motions and heard testimony from Sergeant Bryant Gaden and Officer Chad Degree of the Saint Paul Police Department. The magistrate judge recommended that Roberts's motions be denied, and the district court adopted the magistrate judge's ...


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