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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-1004 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Timmothy Thompson, Sr., * * [UNPUBLISHED] Appellant. * ___________ Submitted: September 12, 2002 Filed: September 18, 2002 ___________ Before BYE, RICHARD S. ARNOLD, BEAM, Circuit Judges. ___________ 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). -2-
Document Info
Docket Number: 02-1004
Citation Numbers: 45 F. App'x 563
Filed Date: 9/18/2002
Precedential Status: Non-Precedential
Modified Date: 1/12/2023