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United States v. Thompson

United States Court of Appeals for the Tenth Circuit

May 5, 2008, Filed

No. 07-5103

Opinion

 [*1128]  KELLY, Circuit Judge.

Defendant-Appellant Leslie Schobe Thompson was convicted by a jury of three counts of armed bank robbery in violation of 18 U.S.C. § 2113(a), (d) (counts 1, 3, 5), three counts of use of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (counts 2, 4, 6), and one count of possession of a firearm after conviction of a felony in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), (e) (count 7). Mr. Thompson was sentenced to life in prison on counts 1 through 6, 235 months' imprisonment on count 7, and 5 years' supervised release. The sentences for counts 1, 3, 5, and 7 are to run concurrently; the sentences for counts 2, 4, and 6 are to run consecutively to each other and to any other term of imprisonment. On appeal, Mr. Thompson challenges  [**2] his convictions, claiming his Fourth Amendment, Speedy Trial Act, and due process rights were violated in connection with his arrest and prosecution. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Background

On December 9, 2006, the Tulsa Police Department received a telephone call from a woman indicating that the person who robbed BancFirst in Tulsa on December 8 was a black male known as "Grasshopper" and was at her mother's house located at 4686 North Main Street. She informed the police that she had seen Grasshopper the night before at that residence with a handgun and that she had recognized his picture on television. She also stated that Grasshopper frequently wore dark glasses.

Police officers were immediately dispatched to 4686 North Main Street. The dispatch informed the police that Grasshopper was a black male who was approximately 5 feet, 6 inches tall and weighed 185 pounds. The dispatch did not indicate  [*1129]  the existence of any emergency or exigent circumstance. Officers Meadors and Bowman arrived at 4686 North Main Street minutes later, without a search warrant or arrest warrant. Corporal Blair arrived shortly thereafter with a surveillance photograph of the suspect.  [**3] Additional officers took positions around the house.

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524 F.3d 1126 *; 2008 U.S. App. LEXIS 9691 **

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LESLIE SCHOBE THOMPSON, also known as Grasshopper, Defendant - Appellant.

Prior History:  [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA. (D.C. No. 07-CR-008-001-CVE).

United States v. Thompson, 2007 U.S. Dist. LEXIS 18476 (N.D. Okla., Mar. 15, 2007)

Disposition: AFFIRMED.

CORE TERMS

bedroom, arrest, northwest, in-court, identification procedure, district court, consent to search, indictment, identification, door, wear, sunglasses, counts, hooded sweatshirt, actual authority, permission to search, due process right, bank robbery, speedy trial, grand jury, unconstitutionally, consented, searched, coerced, seizure, front, rent

Criminal Law & Procedure, Standards of Review, Abuse of Discretion, General Overview, Preliminary Proceedings, Speedy Trial, Statutory Right, De Novo Review, Speedy Trial, Constitutional Right, Clearly Erroneous Review, Motions to Suppress, Constitutional Law, Fundamental Rights, Search & Seizure, Scope of Protection, Warrantless Searches, Consent to Search, Sufficiency & Voluntariness, Procedural Due Process, Commencement of Criminal Proceedings, Eyewitness Identification, In-Court Identifications, Showup Identifications