United States v. Craig
2011 U.S. App. LEXIS 297
| 8th Cir. | 2011Background
- Craig, a felon, was arrested after officers illegally entered his home and observed firearms and marijuana; a warrant later issued, based in part on the observations, leading to seizure of evidence.
- Craig waived suppression at first but reserved the right to appeal the ruling; district court admitted physical evidence via independent source doctrine and suppressed residence statements.
- Craig gave a recorded statement to Sheriff Johnson after bail release; statements were challenged as fruit of the initial illegal entry.
- Two Tennessee felony sexual battery convictions were used to determine a higher base offense level under the guidelines.
- The district court concluded both sexual battery convictions qualify as crimes of violence under §4B1.2(a), resulting in a higher guideline range and a 120-month sentence.
- Appellant challenged the suppression rulings and the classification of his prior convictions as crimes of violence; the court upheld the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the physical evidence was admissible as an independent source | Craig | Craig | Yes; independent-source doctrine satisfied |
| Whether statements to Sheriff Johnson were admissible | Craig | Craig | Yes; not suppressed as attenuated from illegal entry |
| Whether sexual battery convictions are crimes of violence under Guidelines | Craig's conviction under §39-13-505(a)(2) qualifies as crime of violence under residual clause | Under Begay, residual clause requires similar risk and conduct | Craig's Tennessee sexual battery conviction satisfies §4B1.2(a)(2) residual clause; other conviction does not |
Key Cases Cited
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (independent source doctrine requires warrant independent of tainted entry)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (no warrantless home entry for routine arrest)
- New York v. Harris, 495 U.S. 14 (U.S. 1990) (Payton protections not extend to statements outside premises with probable cause)
- United States v. Swope, 542 F.3d 609 (8th Cir. 2008) (independent-source inquiry includes redaction of tainted facts)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (residual clause scope in 4B1.2(a)(2))
- Hennecke, 590 F.3d 619 (8th Cir. 2010) (stealing from a person as crime of violence under residual clause)
- Parks, 620 F.3d 911 (8th Cir. 2010) (escape from guarded facility as violent conduct)
- Clinkscale, 559 F.3d 815 (8th Cir. 2009) (interchangeability of 4B1.2(a) with 18 U.S.C. §924(e) concepts)