United States v. Perry, No. 11-5925 (6th Cir. 2013)
Annotate this CaseIn the boarding house where both lived, Perry pointed a revolver at Tibbs’s head. He shut the door and called police. Perry left. When she returned, her landlord stated that she needed to move out. Minutes later she pointed her gun at another resident and forced herself into his room, threatening to kill him. Police arrived and found Perry in the hallway. She complied with an order to put her hands up. Officers withdrew their guns and handcuffed her. Perry’s room was nearby, with the door open. According to witnesses, she consented to a search. Officers saw a revolver sticking out from under a pillow. Their report said that they found the gun during a “protective sweep” and did not mention consent. The district court denied a motion to suppress. Perry entered a conditional plea to being a felon in possession of a firearm, 18 U.S.C. 922(g).; her presentence report said that she was subject to a mandatory-minimum sentence of 15 years under the Armed Career Criminal Act based on three prior convictions, 18 U.S.C. 924(e)(1). At sentencing, Perry disputed that a 2001 aggravated-assault conviction qualified as a “violent felony.” The district court rejected her argument. The Sixth Circuit affirmed.
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