United States v. Bruce Humphrey
2014 U.S. App. LEXIS 10454
| 8th Cir. | 2014Background
- Police investigated Humphrey for violent crimes and recovered a handgun and cocaine base from his car after a covert stakeout and stop.
- Detectives’ surveillance followed Humphrey into a strip mall parking lot where they boxed in his car and identified themselves as police.
- Humphrey complied with orders, and officers recovered a gun on his knee and cocaine base on the car floor; he was arrested and Mirandized.
- Humphrey moved to suppress the gun, drugs, and statements on Fourth Amendment grounds, asserting the initial stop lacked reasonable suspicion.
- The district court adopted the magistrate judge’s findings and denied suppression, leading to a conviction for felon in possession of a firearm; Humphrey appealed on multiple issues.
- The district court also granted an enhancement for possession of the firearm in connection with a felony drug offense and sentenced Humphrey to 92 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable-suspicion basis for initial stop? | Humphrey | Humphrey | Initial seizure supported by reasonable suspicion. |
| Was there abuse of discretion in continuance denial? | Humphrey | Humphrey | No abuse; court kept trial open to accommodate witness. |
| § 2K2.1(b)(6) enhancement validity? | Humphrey | Humphrey | Enhancement based on 'in connection with' finding; no clear error. |
| Constitutional challenge to sentence—plain error? | Humphrey | Humphrey | No plain error; sentence not unconstitutional under current standards. |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (Supreme Court 2002) (totality-of-circumstances reasonable-suspicion standard)
- United States v. Hightower, 716 F.3d 1117 (8th Cir. 2013) (Terry stop justification in police pursuit scenario)
- United States v. Phillips, 664 F.2d 971 (5th Cir. 1981) (relevance to reasonable-suspicion-based detentions)
- United States v. Bates, 614 F.3d 490 (8th Cir. 2010) (clear-error review of ‘in connection with’ enhancement")
- United States v. Fuentes Torres, 529 F.3d 825 (8th Cir. 2008) (interpretation of § 2K2.1(b)(6) enhancements)
- United States v. Joos, 638 F.3d 581 (8th Cir. 2011) (rejection of felon-in-possession challenges on appeal)
- Ewing v. California, 538 U.S. 11 (U.S. 2003) (proportionality review guidance for Eighth Amendment challenge)