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United States v. Jackson, 4th Cir. (2002)
United States v. Jackson, 4th Cir. (2002)
No. 01-4004
COUNSEL
ARGUED: Craig Stover Cooley, Richmond, Virginia, for Appellant.
Stephen Wiley Miller, Assistant United States Attorney, Richmond,
Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States
Attorney, Olivia N. Hawkins, Assistant United States Attorney, Richmond, Virginia, for Appellee.
OPINION
LUTTIG, Circuit Judge:
Omar Jackson appeals his conviction and sentence for possession
of a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. 922(g)(3). He contends that the district court erred
by denying his motion to suppress statements he made to the arresting
officer regarding the presence of a firearm in his vehicle and his prior
drug use and also by improperly defining the term "unlawful user" in
the statute.* We conclude that the district court did not err, and,
accordingly affirm.
I.
The facts as found by the district court are as follows. At approximately 2:40 a.m. on March 3, 2000, Omar Jacksons van, along with
all other vehicles passing by, was stopped at a Richmond, Virginia,
traffic checkpoint, the purpose of which was to verify that drivers
complied with various state traffic laws, J.A. 103. Officer Mills
approached Jacksons van and smelled a strong odor of marijuana as
soon as Jackson rolled down the window. J.A. 49. The officer asked
to see Jacksons license, but Jackson responded that he did not have
one. When the officer asked whether Jackson had drugs or weapons
in the car, Jackson informed him that he had a rifle in the back. The
officer could see an AK-47 in plain view. The officer asked Jackson
to step out of the van and asked whether Jacksons license was suspended. When Jackson admitted that it was, the officer placed him
under arrest and read him his Miranda warnings. J.A. 50. The district
court found that Jackson subsequently admitted that he had smoked
marijuana earlier that evening. J.A. 50. Additionally, the officer testified that Jackson admitted to smoking marijuana twice a day for
"some years." J.A. 54.
*Jackson also claims that the district court misapplied the Sentencing
Guidelines by failing to credit him for acceptance of responsibility and
for declining to depart downward. Neither claim has merit, and we do not
address them further.