United States v. Reid, No. 12-3896 (8th Cir. 2014)
Annotate this CaseDefendant, convicted of unlawful possession of a firearm as a previously convicted felon, appealed the district court's denial of his motion to suppress evidence seized during the search of his residence and the application of a sentencing enhancement. An officer had permitted defendant's girlfriend to reenter the residence to get dressed. After officers located the assault rifle in plain view, the girlfriend consented to a search of the house. The court concluded that the girlfriend's consent was sufficient to justify a warrantless search, and the rest of the evidence seized pursuant to the consent search was properly admitted against defendant. The court concluded, however, that defendant's conviction for attempted second degree burglary in Missouri does not constitute a violent felony under 18 U.S.C. 924(e). Accordingly, the court affirmed the conviction and vacated the sentence, remanding for resentencing. The court's decision concerning section 924(e) does not address the separate question of whether defendant qualifies as a "career offender" under U.S.S.G. 4B1.1, given that the definition of "crime of violence" in U.S.S.G. 4B1.2 and its commentary specifically includes attempting to commit a crime of violence.
Court Description: Criminal case - Criminal law and sentencing. When an arrestee chooses to reenter her home for her own convenience following an arrest outside the home, it is reasonable for officers to accompany her and to monitor her movements, and the seizure of a weapon seen in plain view was permissible under the Fourth Amendment; defendant's Missouri conviction for attempted second degree burglary did not constitute a violent felony under 18 U.S.C. Sec. 924(e); this ruling concerning Section 924(e) does not address the separate question of whether defendant qualified as a "career offender" under Guidelines Sec. 4B1.1, given that the definition of crime of violence in Guidelines Sec. 4B1.2 and its commentary specifically includes attempting to commit a crime of violence; remanded for further proceedings.
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