United States v. Davis

Order On August 15, 1989, Danny Davis, Jr., and a neighbor were involved in an altercation during which a shotgun was discharged.
A jury convicted Davis of unlawful possession of a firearm by a felon. 18 U.S.C. § 922(g)(1). Because of previous
convictions § 924(e) made him subject to imprisonment for not less than fifteen years. The court determined an imprisonment
range of thirty years to life, and on June 11, 1991, sentenced Davis to life imprisonment. On appeal, Davis (1) challenges
the denial of his pre-trial motion to suppress evidence, (2) raises a Batson challenge to the selection of his jury, and (3)
attacks his sentence on various grounds. Davis also raises a series of issues in his reply brief not raised in his opening
brief. After original submission of this appeal we appointed counsel to submit an amicus curiae brief on behalf of appellant
on the possible retroactive application of an amendment to the commentary to U.S.S.G. § 4B1.2, and called for a
response by the United States. Counsel initially appointed for Davis by this court was permitted to withdraw on motion by
Davis and counsel. Successor appointed counsel was permitted to withdraw on motion by Davis to proceed pro se. Davis' briefs
were filed pro se. I.