United States v. Bennett, No. 19-3130 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm, holding that the district court did not err by denying defendant's motion to suppress evidence under the Fourth Amendment. In this case, the officers discovered the gun in defendant's possession in a routine search incident to his arrest where the officer had a valid arrest warrant and had positively identified defendant before entering the property; the officer could lawfully enter the curtilage to make an arrest with the warrant; and any intrusion on defendant's privacy interest was minimal.
The court also affirmed the district court's determination that defendant did not qualify for a 15-year minimum sentence under the Armed Career Criminal Act (ACCA), because defendant's prior conviction for going armed with intent, in violation of Iowa Code 708.8, does not constitute an ACCA predicate violent felony. The court explained that going armed with intent does not necessarily involve the use, attempted use, or threatened use of physical force.
Court Description: [Clark, Author, with Loken and Grasz, Circuit Judges] Criminal case - Criminal law and sentencing. Where a police officer, armed with a valid arrest warrant, positively identified defendant before entering the property, he could lawfully enter the curtilage to make an arrest; the valid warrant for defendant's arrest provided the officers with a legitimate law enforcement objective to enter the property; further, any intrusion on defendant's privacy interests was minimal because defendant placed himself in a visible location and officers saw him from the street; the gun in the case was discovered during a routine search incident to arrest and was admissible; going armed with intent is not an ACCA-qualifying violent felony because it does not necessarily involve the use, attempted use or threatened use of physical force, and the district court did not err in finding defendant ineligible for ACCA sentencing. [ August 24, 2020 ]
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