United States v. Alfred Tucker
2012 U.S. App. LEXIS 17865
| 8th Cir. | 2012Background
- Tucker was arrested after a traffic stop of a Crown Victoria in Omaha; handgun and ammunition box found under front passenger seat; Tucker’s fingerprint found inside the ammunition box.
- Police stopped the Crown Victoria after a Housing Authority officer reported gunshots; Tucker resisted and was tased and arrested.
- Tucker was charged with knowing possession of a firearm by a felon under 18 U.S.C. § 922(g); suppression motion was denied.
- A jury found Tucker guilty; the district court sentenced him to 188 months for the firearm offense and 24 months for supervised-release violation, consecutive.
- On appeal, Tucker argues suppression error, insufficiency of evidence, improper admission of a bystander statement, and sentencing errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Tucker | Tucker | The stop was supported by reasonable suspicion; affirmed |
| Was there sufficient evidence Tucker knowingly possessed a firearm? | Tucker | N/A | Evidence supported guilt beyond a reasonable doubt |
| Was Hagen’s bystander statement admissible or unduly prejudicial under Rule 403? | Tucker | N/A | No plain error; admission not prejudicial to substantial rights |
| Were Tucker’s ACCA predicate convictions properly applied, including escape from custody and assault convictions? | Tucker | N/A | Escape from custody and assault convictions properly classified as violent felonies under ACCA |
| Whether the supervised-release revocation sentence should run concurrently or consecutively with the felon-in-possession sentence. | Tucker | N/A | District court’s discretion to order consecutive vs concurrent sentence affirmed |
Key Cases Cited
- United States v. Bay, 662 F.3d 1033 (8th Cir. 2011) (standard for reviewing suppression rulings)
- United States v. Annis, 446 F.3d 852 (8th Cir. 2006) (importance of entire record in suppression analysis)
- United States v. Collins, 532 F.2d 79 (8th Cir. 1976) (reasonable suspicion based on description-based stop)
- United States v. Robinson, 670 F.3d 874 (8th Cir. 2012) (reliability of tipsters and investigative stops)
- United States v. Winston, 456 F.3d 861 (8th Cir. 2006) (evidence linking defendant’s conduct to his possession)
- United States v. Peltier, 585 F.2d 314 (8th Cir. 1978) (inference of possession from resistance and location)
- Shepard v. United States, 544 U.S. 13 (S. Ct. 2005) (modified categorical approach permitted with charging documents)
- Chambers v. United States, 555 U.S. 122 (S. Ct. 2009) (escape-from-custody as violent felony under ACCA (precludes failure-to-report rule))
- United States v. Williams, 664 F.3d 719 (8th Cir. 2011) (venue for classification under ACCA for multiple behaviors)
- United States v. Pearson, 553 F.3d 1183 (8th Cir. 2009) (escape from custody as violent felony under ACCA)
- United States v. Ali, 616 F.3d 745 (8th Cir. 2010) (plain-error review standard for Rule 403)
- Yielding v. United States, 657 F.3d 688 (8th Cir. 2011) (plain-error standard for evidentiary error)