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.
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.