CLICK HERE FOR FULL TEXT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILBUR B. ADAMS, JR.,
Defendant-Appellant.


No. 08-5372

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 06-00181-001—Todd J. Campbell, Chief District Judge.
Argued: June 18, 2009
Decided and Filed: October 14, 2009
Before: KEITH, CLAY, and GIBBONS, Circuit Judges.

_________________________
OPINION
_________________________

DAMON J. KEITH, Circuit Judge. Following a jury trial, Defendant-Appellant Wilbur Adams, Jr. (“Adams”) was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. On appeal, Adams argues that the district court erred by: (1) failing to suppress the firearm at issue because it was discovered pursuant to an unconstitutional search of his jacket; (2) concluding that Adams validly waived his Miranda rights and therefore failing to suppress Adams’s inculpatory statements to the police; and (3) failing to instruct the jury that Adams’s confession must be corroborated by independent evidence, in light of this Court’s opinion in United States v. Marshall, 863 F.2d 1285 (6th Cir. 1988). For the reasons set forth below, we affirm the district court’s decision denying Adams’s motion to suppress the firearm and his statement to the police, but reverse the court’s denial of the proposed jury instruction and remand for a new trial.