United States v. Timmothy Thompson , 45 F. App'x 563 ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-1004
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Timmothy Thompson, Sr., *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 12, 2002
Filed: September 18, 2002
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Before BYE, RICHARD S. ARNOLD, BEAM, Circuit Judges.
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PER CURIAM.
Timmothy Thompson, Sr., appeals from the district court’s1 denial of his
motion to suppress evidence obtained by St. Louis County Police Officer Keith
Coleman during a visit to Thompson’s home in response to a report that Thompson
1
The Honorable Carol E. Jackson, United States District Judge for the Eastern
District of Missouri, adopting the Report and Recommendation of United States
Magistrate Judge Mary Ann L. Medler.
pointed a gun at his neighbor.2 When questioned by Officer Coleman, Thompson
admitted to brandishing a gun. Thompson offered to retrieve the gun, but Officer
Coleman requested permission to enter the home to see the gun. Although Officer
Coleman did not have a warrant to enter the premises, Thompson said it was “okay”
for the officer to enter. Officer Coleman seized two firearms from the residence.
Thompson made a motion to suppress the evidence, arguing that he did not
give Officer Coleman consent to enter the premises. The district court found Officer
Coleman a more credible witness and denied Thompson’s motion to suppress. “A
district court’s determination as to the credibility of a witness is virtually
unreviewable on appeal.” United States v. Heath, 58 F.3d 1271, 1275 (8th Cir. 1995).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
2
Thompson entered a conditional plea of guilty to felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g)(1), and possession of an unregistered
firearm, in violation of 26 U.S.C. § 5861(d).
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