Unted States v. Lyons, No. 12-2905 (7th Cir. 2013)
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Patrolling officers spotted a car driven White, with Lyons as a passenger. Officer Dodd recognized White from previous encounters, some of which involved attempts to flee arrest; Dodd knew that White’s license had been suspended and activated the squad’s emergency lights. White accelerated, drove two blocks, and ran a red light before pulling over. Officers Dodd and Burns suspected an attempt to conceal contraband, retrieve a weapon, or get a head start in a foot chase. While others frisked White, Officer Burns observed Lyons, whose hands were shaking and who avoided eye contact. Lyons stated that he did not have any weapons; Burns announced that he intended to frisk Lyons, who then said, “I have a gun.” Burns handcuffed Lyons; Dodd lifted Lyons’s shirt, revealing a loaded firearm in his waistband. Lyons was charged with possession of a firearm as a felon. Denying a motion to suppress, the district court found reasonable suspicion that Lyons illegally possessed a firearm or other dangerous item, triggered by his appearing nervous, his being in a car driven by someone with a suspended license, who attempted to flee, and his association with White. Lyons was sentenced to 210 months, under the Armed Career Criminal Act, 18 U.S.C. 924(e). The Seventh Circuit affirmed the conviction, but remanded for resentencing because the court failed to state the reasons supporting its sentence, and incorrectly believed it was required to impose five years of supervised release.
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