United States v. Tucker, No. 11-2444 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of being a felon in possession of a firearm, simultaneously resulting in a revocation of his supervised release from a previous conviction. On appeal, defendant challenged his conviction and sentences on various grounds. The court held that a direct-in-person identification of a car as having just been involved in a crime was sufficient to justify a Terry stop; the evidence at trial was sufficient to convict defendant; there was no plain error in admitting an officer's testimony; defendant's escape conviction was properly considered an Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), predicate offense; defendant's violent assault convictions constituted violent felonies; and the imposition of consecutive sentences was not an abuse of discretion.
Court Description: Criminal Cases - conviction and sentence. District court did not err in denying motion to suppress, as direct, in-person identification of a car as having been involved in a crime made by housing authority officer known to officers was sufficient to give rise to Terry stop. Evidence was sufficient to sustain conviction for felon in possession of firearm. Admission of officer's testimony as to statements by onlookers was not plain error. Sentence under Armed Career Criminal Act was supported, as escape conviction was a proper predicate offense and assault convictions involved intentionally striking of victim. District court did not abuse its discretion in ordering revocation of supervised release sentence to run consecutively.
The court issued a subsequent related opinion or order on January 29, 2014.
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