United States v. Djuane L. McPhaul
2016 U.S. App. LEXIS 15826
| 7th Cir. | 2016Background
- Officer Sell observed a car commit traffic infractions and ran its plate, learning the registered driver (McPhaul) had a suspended license.
- When Sell activated lights and siren to stop the car, the driver (McPhaul) drove nearly a mile with several turns before stopping; police arrested him at a gas station.
- A pat-down after the arrest revealed McPhaul was wearing body armor; a loaded gun was found in the car’s center console.
- McPhaul, a convicted violent felon, was charged with being a felon in possession of a firearm (acquitted) and being a violent felon in possession of body armor (convicted).
- While in pretrial custody McPhaul wrote letters asking his cousin to claim the gun was hers and to ignore a grand jury subpoena; she initially complied then recanted.
- At sentencing the district court applied two Guidelines enhancements: (1) use of body armor in connection with another felony, and (2) obstruction of justice; McPhaul was sentenced to 24 months and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down that revealed body armor should be suppressed as an unconstitutional search | McPhaul: stop/pat-down unlawful; violations were minor and did not justify “felony stop” procedures | Government: officer had probable cause to stop for traffic violations and to arrest for fleeing; search incident to lawful arrest | Court: Probable cause supported the stop and arrest; search incident to arrest valid; suppression denied |
| Whether §2K2.6(b)(1) enhancement applies (body armor used in connection with another felony) | McPhaul: did not commit another felony because he was not fleeing—only seeking a safe place; speed was low | Government: McPhaul committed Indiana felony by using a vehicle to flee after lights/siren; he wore armor while fleeing | Court: District court’s finding that McPhaul committed the felony and wore the armor was not clearly erroneous; enhancement applied |
| Whether §3C1.1 obstruction enhancement applies for letters to cousin | McPhaul: (implicitly) challenge based on record issues at cousin’s hearing and inability to cross-examine her | Government: letters show attempts to procure false testimony and advise skipping grand jury—constitute obstruction | Court: Enhancement supported by McPhaul’s letters urging cousin to lie and skip grand jury; applied correctly |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (traffic stop reasonable when probable cause of traffic violation exists)
- Virginia v. Moore, 553 U.S. 164 (2008) (state-law compliance not required for constitutional arrest; search incident to lawful arrest permitted)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to custodial arrest requires no additional justification)
- United States v. Reaves, 796 F.3d 738 (7th Cir. 2015) (probable-cause inquiry focuses on officer’s belief, not whether violation actually occurred)
- United States v. Schmitt, 770 F.3d 524 (7th Cir. 2014) (standard of review for Guidelines factual findings)
- United States v. Monem, 104 F.3d 905 (7th Cir. 1997) (urging witness to skip grand jury constitutes attempted obstruction of justice)