United States v. Darryl House
2016 U.S. App. LEXIS 10185
| 8th Cir. | 2016Background
- Darryl House participated in a 2009 armed robbery of Jayson Jewelers in Cape Girardeau, Missouri; he displayed a handgun while accomplices restrained the clerk and stole jewelry shipped from out of state.
- DNA from handcuffs linked co-defendant Kevin Stitt to the scene; Stitt later pleaded and identified House as the gunman.
- House was convicted of Hobbs Act robbery (18 U.S.C. § 1951) and brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)).
- The presentence report identified two prior aggravated-robbery convictions (Tennessee 2001; Illinois 2006), triggering a mandatory life sentence under 18 U.S.C. § 3559(c); district court imposed life plus a consecutive seven years.
- House appealed challenging Batson rulings, Hobbs Act jurisdictionality, characterization of offenses as "serious violent felonies," several evidentiary rulings, and the sentencing procedure; the Eighth Circuit affirmed in all respects.
Issues
| Issue | Plaintiff's Argument (House) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Batson challenge to peremptory strike of sole black venire member | Strike was racially motivated | Strike was based on race-neutral reasons: poor eye contact, slouching/disinterest, empty questionnaire | Court upheld strike; no clear error in accepting government’s demeanor and questionnaire reasons |
| Hobbs Act jurisdiction (affecting interstate commerce) | Robbery was local and did not affect interstate commerce | Stolen jewelry had been shipped from out of state, depleting assets of an interstate business | Court held Hobbs Act nexus satisfied; statute constitutional as applied |
| Mandatory life under 18 U.S.C. § 3559(c) based on prior convictions | Hobbs Act robbery and prior state convictions do not qualify as "serious violent felonies"; burden shifting and jury findings violate constitutional protections | Hobbs Act robbery meets statutory definition; Illinois and Tennessee convictions qualify; burden-shifting and judicial finding of recidivism are permissible | Court affirmed life sentence under § 3559(c); prior convictions qualify and Alleyne/Apprendi issues not controlling for recidivism |
| Evidentiary challenges to identifications and witness testimony (Stitt, clerk, motel receipt) | Stitt’s testimony should be suppressed as fruit of coerced confession; clerk’s ID tainted by suggestive remarks/prison uniform; motel receipt unauthenticated | No serious dispute that confession coerced or affected trial testimony; clerk had independent opportunity to observe robber; motel record properly authenticated and admissible as business record | Court rejected suppression; identification admissible (harmless if error); motel receipt properly authenticated |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (race-based peremptory strike framework)
- United States v. Maxwell, 473 F.3d 868 (8th Cir. 2007) (deference to district court on Batson factual findings)
- United States v. Ellison, 616 F.3d 829 (8th Cir. 2010) (district court may credit prosecutor’s observations in Batson inquiry)
- United States v. Vong, 171 F.3d 648 (8th Cir. 1999) (Hobbs Act nexus satisfied when stolen goods moved in interstate commerce)
- United States v. Farmer, 73 F.3d 836 (8th Cir. 1996) (Hobbs Act robbery qualifies as a violent offense for sentencing purposes)
- Almendarez–Torres v. United States, 523 U.S. 224 (recidivism is sentencing factor, not an element requiring jury finding)
- Manson v. Brathwaite, 432 U.S. 98 (test for suggestive identification and totality of circumstances)