United States v. Bass, No. 20-10588 (5th Cir. 2021)
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The Fifth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) & 924(e). In this case, defendant was approached by police officers after a tip was received that he was illegally selling CDs outside of a store in a high-crime area. After defendant voluntarily opened the trunk of his vehicle, he was arrested for unlawful labeling of CDs. A search of defendant and his vehicle uncovered a loaded pistol, magazine, cash, drugs, and drug paraphernalia.
The court concluded that the district court did not err in denying defendant's motion to suppress defendant's voluntary statements made prior to being in custody after finding the police had reasonable suspicion to detain defendant and probable cause to arrest him and search his vehicle. The court explained that, although the totality of the circumstances suggest that defendant was not free to leave, his restraint had not yet reached the level necessary to necessitate Miranda warnings. In light of Shular v. United States, 140 S. Ct. 779, 782 (2020), persuasive authority in the court's sister circuits, and the court's own precedent, the court concluded that the district court correctly concluded that defendant's convictions could serve as predicates for his Armed Career Criminal Act enhancement. Finally, the court concluded that the district court did not err by applying a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B) for being a felon in possession of a firearm.
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