United States v. Green, No. 11-2308 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of one count of bank robbery and subsequently appealed the district court's denial of his motion to suppress evidence and the sentence imposed. The court held that given defendant's similarities to the description of the suspected robber and his proximity in both time and place to the crime, the police officer had reasonable suspicion that defendant committed the crime. Therefore, the district court correctly held that the officer had reasonable, articulable suspicion that was sufficient to stop defendant. The court addressed defendant's remaining challenges and affirmed the conviction. The court further held that defendant's sentence was reasonable.
Court Description: Criminal case - Criminal law and Sentencing. District court correctly held that the police had a reasonable, articulable suspicion to stop defendant as he matched the description of the bank robber and the stop was proximate in time and location to the crime; argument that the stop exceeded the permissible scope of a Terry stop was raised for the first time on appeal, and the argument was waived; argument that the district court erred in imposing an enhancement under Guidelines Sec. 4A1.3 was meritless because the court did not impose such an enhancement; sentence was not substantively unreasonable.
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