United States v. Hall, No. 16-4479 (8th Cir. 2017)
Annotate this CaseDuring a traffic stop, police smelled marijuana and searched Hall’s car, finding 64 bags of marijuana and a loaded handgun. Hall texted his girlfriend, Merwin, stating he was “dirty.” Hall attempted to flee, punching an officer. Hall pled guilty to unlawful possession of a firearm. Before sentencing, Hall withdrew his plea. Hall was charged with possession with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person. The government offered into evidence factual statements from Hall’s plea agreement, including Hall’s admission that he knowingly possessed the handgun while unlawfully using marijuana. Before closing arguments, a juror requested an escort for the jury to their cars, stating she was followed by Merwin for about two miles the previous day. Hall unsuccessfully moved for a mistrial. The district court instructed the jury that the incident was a coincidence and should not influence their decisions. The jury found Hall guilty on all counts. Based on two prior drug convictions and a Texas robbery conviction, the court determined Hall was a career offender, USSG 4B1.1(a), and an armed career criminal,18 U.S.C. 924(e)(1), and sentenced Hall to 360 months imprisonment. The Eighth Circuit affirmed. While a withdrawn plea agreement is generally inadmissible, Hall knowingly and voluntarily waived his rights under Rule 410. The court upheld denial of Hall's motion for a mistrial. Hall’s Texas conviction was a violent felony under the ACCA and a crime of violence under the Guidelines.
Court Description: Shepherd, Author, with Loken and Arnold, Circuit Judges] Criminal case - Criminal law and sentencing. Defendant voluntarily and knowingly waived his rights under Rule 410, and the district court did not err in admitting statements from defendant's withdrawn guilty plea; the district court did not err in denying defendant's motion for a mistrial after a juror stated she believed a defense witness had followed her from the courthouse as the court conducted a proper inquiry into the incident, the juror indicated the incident would not affect her impartiality and the court gave a curative instruction to the jury; defendant's Texas conviction for second-degree burglary was a violent felony under the force clause of the Armed Career Criminal Act and a crime of violence under the guidelines as it requires at least as much violent force as required by Johnson; as defendant had the required three prior convictions for a violent felony or a serious drug offense, he was properly sentenced as a career offender. [ December 13, 2017
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