United States Eighth Circuit

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US v. Johnson, 09-1407

Defendant's firearm possession conviction is affirmed where the lateness of the hour, the van blocking the alley with its engine running, a woman in the middle seat of the van putting on clothing, and defendant moving quickly from the middle seat to the driver seat and attempting to drive away upon arrival of the squad car, provided justification for an investigatory stop. However, defendant's sentence is reversed where defendant's prior Minnesota conviction for fleeing a police officer in a motor vehicle did not qualify as a violent felony.

Appellate Information

  • Submitted 11/19/2009
  • Decided 04/15/2010
  • Published 04/15/2010

Judges

  • SMITH, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Thomas Harold Shiah, argued, Minneapolis, MN (Kimberly K. Hall, on the brief) for Appellant.

  • For Appellees:
  • James Lackner, Asst. U.S. Atty., argued, Minneapolis, MN, for Appellee.