United States v. Fields, No. 15-2276 (8th Cir. 2016)
Annotate this CaseDefendant conditionally plead guilty to being a felon in possession and subsequently appealed the denial of his motion to suppress the firearm seized during an investigative stop. Defendant also appealed his sentence and relied on the Supreme Court’s post-sentencing decision in Johnson v. United States, arguing that the residual clause in USSG 4B1.2(a)(2) is unconstitutionally vague, and therefore the district court erred in concluding that his prior felony conviction for violating Mo. Rev. Stat. 575.150 constituted a “crime of violence.” The court concluded that the officer had reasonable suspicion that defendant was carrying a concealed firearm and, together with other suspicious actions, the investigatory stop was consistent with the Fourth Amendment. In this case, during a Terry stop, the officer was concerned for his safety and, upon exiting the patrol car, asked if defendant was armed. Defendant replied that he was and nodded toward the bulge on his hip, giving the officer more than mere suspicion that defendant was armed and dangerous. In United States v. Taylor, the court joined other circuits and remanded sentencing appeals raising the issue whether the identically-worded residual clause in USSG 4B1.2(a)(2) is unconstitutionally vague. Therefore, the court vacated the sentence and remanded for the district court to address the issue.
Court Description: Loken, Author, with Arnold and Benton, Circuit Judges] Criminal Case - suppression - sentence. The denial of the motion to suppress is affirmed, as the officer had reasonable suspicion that Fields was carrying a concealed firearm, and together with other suspicious actions, the investigatory stop was consistent with the Fourth Amendment. During the Terry stop, the officer had more than mere suspicion that Fields was armed and potentially dangerous. Fields's sentence was enhanced because of a prior felony conviction for resisting arrest in violation of Mo.Rev.Stat. Sec. 575.150, characterized as a crime of violence. In light of United States v. Taylor, the sentence is vacated and the case remanded to the district court to determine whether the residual clause of the sentencing guidelines is unconstitutional and whether section Mo. Rev.Stat. Sec. 575.150.5 is a crime of violence under section 4B1.2(a)(2) or 4B1.2(a)(1).
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