CLICK HERE FOR FULL TEXT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JIMMY JAIL ABERNATHY,
Defendant-Appellant.
   No. 16-5314
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:14-cr-00012—Todd J. Campbell, District Judge.
Decided and Filed: December 8, 2016
Before: CLAY, KETHLEDGE, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

CLAY, Circuit Judge. Defendant Jimmy Jail Abernathy appeals from the judgment of conviction and sentence entered by the district court on March 14, 2016, pursuant to Defendant's conditional guilty plea to two counts of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1), one count of possession of a firearm in furtherance of a drug trafficking offense in violation of 18 U.S.C. § 924(c), and one count of possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1), wherein Defendant reserved the right to challenge the district court's denial of his motion to suppress the evidence that the Nashville Police Department acquired from a search of Defendant’s residence. We have subject matter jurisdiction to adjudicate this appeal pursuant to 28 U.S.C. § 1291. For the reasons set forth below, we REVERSE the district court's order denying Defendant's motion to suppress, and VACATE Defendant's convictions and sentence. We REMAND for further proceedings consistent with this opinion.