United States v. Neely

PUBLISHED After filing an unsuccessful motion to suppress clothing taken from a hospital in which he was a patient, appellant Tony Neely proceeded to trial on charges of bank robbery and carrying or using a firearm during and in relation to a crime of violence. The jury convicted him on both counts, and the district court sentenced him to 380 months' imprisonment and five years' supervised release. He now appeals the district court's ruling on the motion to suppress and certain sentencing issues. We agree with Neely that the district court reversibly erred in denying the motion to suppress, and therefore reverse his conviction and remand for a new trial.