United States v. Walker

Defendant was convicted of being a felon in possession of a firearm and ammunition, and was sentenced to 20 years in prison under the Armed Career Criminal Act (ACCA), 18 U.S.C 924(e). The court concluded that the officer's observation - that the crack in the car's windshield obstructed the driver's view - provided a reasonable basis for the officer's belief that defendant was violating Minn. Stat. 169.71(a)(1) and thus justifying a traffic stop; the smell of unburned marijuana provided a basis to further detain defendant that was independent of the cracked windshield and it also provided probable cause to search the car; and therefore, the district court did not err in denying defendant's motion to suppress. The court also concluded that there was no violation of the Speedy Trial Act, 18 U.S.C. 3161(h)(1)(A), nor defendant's Sixth Amendment speedy-trial right; the district court did not err in granting the government's motion in limine seeking to preclude defendant from introducing at trial evidence regarding an internal affairs investigation of the officer; and the district court did not err in rejecting defendant's proposed jury instructions. The court vacated defendant's sentence and remanded for resentencing because the court could not conclude that defendant's second-degree burglary conviction qualified as an ACCA predicate offense. The court affirmed in all other respects. View "United States v. Walker" on Justia Law