United States v. Baker, 713 F.3d 558

Baker was convicted in the District of Kansas on seven counts of robbery affecting commerce, use of a firearm in relation to a crime of violence, and being a felon in possession of a firearm.
Police installed a GPS device on a car linked to Baker’s girlfriend after surveillance footage suggested the robbers used that car.
GPS monitoring linked the car to a robbery in Overland Park, leading to Baker’s March 3, 2011 arrest and seizure of cash and a loaded Glock .40 handgun from the car.
The handgun belonged to Enjoli Collier, who testified she kept it in her car and that Baker had access to her home during February 2011.
For each robbery, witnesses testified the gun resembled Collier’s gun, and a cell-tower call near Collier’s home placed a Baker associate in the area.
Baker argued the GPS evidence violated the Fourth Amendment, and challenged sufficiency of evidence on eight firearm-related counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of Fourth Amendment GPS claim	Baker failed to raise suppression pretrial; waiver applies.	Jones should apply; good cause under Rule 12(e) permits review.	Claim waived; no plain-error relief.
Sufficiency of evidence for gun counts	Evidence showed Baker possessed the gun used in robberies after February 14 and plausibly before then.	No direct proof Baker possessed Collier’s gun before February 14.	Evidence sufficient; reasonable juror could find possession.

United States v. Burke, 633 F.3d 984 (10th Cir. 2011) (Rule 12(e) waiver prevents first-appeal suppression challenges)
Griffith v. Kentucky, 479 U.S. 314 (1987) (retroactivity of new rules with waiver considerations is limited)
Powell v. Nevada, 511 U.S. 79 (1994) (Griffith retroactivity applied; nuances on remand issues)
United States v. Jones, 132 S. Ct. 945 (2012) (GPS attachment constitutes a search under Fourth Amendment)
United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) (pretrial suppression arguments may be raised before trial)