Defendant's firearm possession conviction and sentence are affirmed where: 1) neither defendant nor his counsel clearly expressed an intention to preserve a suppression of evidence issue on appeal; and 2) defendant's conviction for fleeing and eluding law enforcement involved conduct that presented a serious potential risk of physical injury to another and was thus a violent felony under the Armed Career Criminal Act.
Argued: June 11, 2009
Decided and Filed: September 4, 2009
Opinion by Judge Lioi
Partial Concurrence and Partial Dissent by Judge Sutton
Richard Charles Gould, Law Offices, Grand Rapids, MI
Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, MI