United States v. Johnson, No. 11-5769 (6th Cir. 2013)
Annotate this CaseOfficer Parks stopped the car driven by Johnson based on a seat-belt violation. Approaching the vehicle, he smelled marijuana and noticed a license plate on the seat. A passenger admitted she had smoked marijuana in the car and initially provided her sister’s identification information. Johnson stated that he knew he would be arrested because a condition of release for a prior conviction required him to stay away from the passenger and that he was a convicted felon and had a loaded gun underneath the seat. Once the database (NCIC) confirmed that Johnson had been ordered to stay away from LuShanda Giles, Parks handcuffed Johnson; located the passenger’s identifying information, confirming that she was LuShanda; and recovered the weapon. The district court denied a motion to suppress the firearm. Johnson entered a conditional guilty plea as a felon in possession of a firearm, 18 U.S.C. 922(g)(1); 924. The court held that a Tennessee conviction of facilitation to commit aggravated robbery was not a violent felony, but that a conviction of first-degree stalking did qualify and sentenced Johnson to 180 months, the minimum mandatory under the Armed Career Criminal Act. The Sixth Circuit affirmed with respect to both the denial of suppression and the sentence.
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