United States v. Sweeney, No. 14-3785 (7th Cir. 2016)
Annotate this CaseThe manager of a Milwaukee pub arrived with cash and was followed inside by a man who drew a gun, demanded and fled with the cash. The manager offered a confident identification of the robber as Sweeney, who had previously worked at the pub, and described the gun. Officers went to Sweeney’s six-unit apartment building. Officer Wilcox covered the building's rear door. Delgado and Gasser entered through the front door, which was propped open, found Sweeney’s second-floor apartment, and knocked. Sweeney’s girlfriend responded. While talking to her, the officers received a call from Wilcox saying he had caught Sweeney trying to leave by the back door. With consent from Sweeney’s girlfriend, Delgado searched the apartment. Gasser went through the apartment, out its rear door, and down the common rear staircase to the basement, where he walked to the crawl space under the stairs. There he found a bag containing a handgun, magazine, and ammunition. In searching the apartment, Sweeney’s car, and Sweeney himself, the officers found money and sunglasses matching the description of the robber’s. The Seventh Circuit affirmed Sweeney’s conviction of armed robbery (Hobbs Act, 18 U.S.C. 1951(a)), brandishing a firearm during a crime of violence, 18 U.S.C. 924(c), and possessing a firearm as a felon, 18 U.S.C. 922(g)(1), finding no Fourth Amendment violation. The court remanded for reconsideration of conditions of supervised release.
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