United States v. Jones, No. 09-6549 (6th Cir. 2012)
Annotate this CaseDefendant entered a conditional plea of guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and was sentenced under the Armed Career Criminal Act, 18 U.S.C. 924(e), to the mandatory minimum sentence of 180 months. The Sixth Circuit affirmed.Defendant did not comply with the officer's commands to stop and was not seized until the officer physically restrained him by taking him down and handcuffing him. The officer had reasonable suspicion based on: his knowledge that the area was known for drug activity; his observation that defendant and another man engaged in an apparent hand-to-hand transaction; defendant's fleeing and throwing items to the ground. The court upheld sentencing under the ACCA.
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