United States v. Perry, No. 17-3236 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for possessing a gun and ammunition as a felon. The court held that the district court did not clearly err in denying defendant's motion to suppress bullets found in his pockets because there was probable cause to arrest him. In this case, defendant matched the material aspects of the shooter's description and a reasonable officer could have concluded that defendant was the shooter. The court also held that defendant's constitutional right to mount a defense was not violated; the district court did not abuse its discretion in limiting cross-examination or in its evidentiary rulings; the district court did not err in determining that first-degree aggravated robbery was a violent felony for purposes of sentencing defendant under the Armed Career Criminal Act; the district court did not err in treating the robbery and second-degree assault conviction as separate predicate offenses for ACCA purposes; and the district court did not err in counting the felony domestic assault as a violent felony.