United States v. Sanford, No. 15-1501 (8th Cir. 2016)
Annotate this CaseDefendant filed a motion to suppress the search of a vehicle after pleading guilty to being a felon in possession of a firearm after police found a firearm during a protective search of the vehicle. The court concluded that, under the totality of the circumstances, it was reasonable for the officer to draw his weapon, order defendant out of the vehicle, detain defendant in handcuffs, and sweep the passenger seat of the vehicle for weapons. Therefore, the investigative stop and protective sweep of the vehicle was not more intrusive than necessary, and it did not amount to a de facto arrest. The court also concluded that any error in applying a four-level increase to defendant's offense level under U.S.S.G. 2K2.1(b)(6)(B) because he possessed the firearm in connection with another felony offense would be harmless because the alternative upward variance was substantively reasonable based on the 18 U.S.C. 3553(a) factors. Finally, the court concluded that defendant's sentence is substantively reasonable where the district court adequately considered the section 3553(a) factors and did not rely on any portion of the PSIR to which defendant objected. Accordingly, the court affirmed the judgment.
Court Description: Per Curiam - Before Wollman, Bye and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. The scope and means of the officer's investigatory stop and protective sweep of defendant's vehicle were not more intrusive than necessary, and the stop did not amount to a de facto arrest; it was reasonable for the officer to search for a weapon: (1) based on the report of a late-night incident at a nightclub in a high crime area, (2) defendant's furtive movements reaching into the car and placing something under the seat, and (3) the officer's previous dealings with defendant and his known criminal history; any error in imposing a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B) would be harmless in light of the court's alternative upward variance based on defendant's criminal history and the likelihood that he would recidivate. Judge Bye, concurring, urging en banc reconsideration of U.S. v. Walker, 771 F.3d 449 (8th Cir. 2014).
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