Susan J. Thorn v. Amalgamated Transit

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.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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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* [UNPUBLISHED]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

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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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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.

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