USA v. Amos, No. 20-3298 (3d Cir. 2023)
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Shiheem Amos appealed the denial of his motion to suppress a firearm, which was found after he was stopped by police officers who suspected him of being involved in a disturbance reported at a nearby location. Amos argued that he was seized without reasonable suspicion, and therefore the firearm should not have been admissible in court. The United States Court of Appeals for the Third Circuit held that Amos was not seized until after he attempted to flee from the police officers, and at that point, the officers had reasonable suspicion to seize him based on his attempt to flee. Thus, the firearm was admissible, and the motion to suppress was correctly denied.
Amos also challenged his 62-month sentence, which included an enhancement for a previous state court conviction that was classified as a crime of violence under the United States Sentencing Guidelines. The court records did not specify which subsection of the Pennsylvania aggravated assault statute Amos had been convicted under, but the government argued that all possible subsections qualified as a crime of violence. However, the Third Circuit held that one of the subsections, which can be violated by a failure to act, does not meet the definition of a crime of violence because it does not require the use of violent force. Therefore, the court vacated Amos's sentence and remanded for resentencing without the crime of violence enhancement.
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