United States v. Dunning, 666 F.3d 1158

Dunning pled guilty to being a felon in possession of firearms; district court denied suppression and sentenced him as an armed career criminal under §924(e).
Deputy McConnell detained Dunning at cabin 620 after monitoring cabin 618 where criminal activity had been discovered; Dunning approached cabin 618 driving a red Ford pickup, knocked, and identified as Dennis.
The detention occurred after officers observed the red Ford registered to cabin 618 and learned the other guest used a false name; Dunning smelled of marijuana during detention.
A search of Dunning’s person occurred with his consent after a brief question about weapons; a marijuana cigarette and other contraband were found.
Law enforcement subsequently searched the bag inside the cabin and found marijuana, a pistol, cash, and other items; a search of Dunning’s truck was supported by a warrant based on information obtained during the interview.
PSR classified Dunning as an armed career criminal under §924(e) based on prior Missouri convictions for resisting arrest and related offenses; the district court overrode objections and sentenced Dunning to 188 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the detention was lawful under Terry stop standards	Dunning argues the stop lacked reasonable suspicion	Government says totality of circumstances justified detention	Detention justified under totality of circumstances
Whether consent to search Dunning’s person was voluntary	Consent was coerced by unlawful detention	Consent voluntary under totality of circumstances	Consent voluntary; search upheld
Whether the search of the bag and truck were lawful	Evidence from bag/truck should be suppressed as fruits of unlawful stop	Plain view and search incident to arrest valid	Bag search in plain view; truck search pursuant to warrant; no suppression
Whether Dunning’s prior Missouri convictions qualify as violent felonies under §924(e)	Resisting arrest with fleeing may not be a qualifying violent felony	Convictions meet residual clause under Begay/Sykes jurisprudence	Convictions qualify as violent felonies; §924(e) applicable
Whether the district court properly classified Dunning as armed career criminal	Misclassification under §924(e)	Proper under circuit precedent and statute	affirmed district court’s armed career criminal designation

United States v. Kelley, 652 F.3d 915 (8th Cir. 2011) (standard for reviewing suppression factual findings de novo and legal conclusions de novo)
United States v. Gilliam, 520 F.3d 844 (8th Cir. 2008) (totality of circumstances for Terry stop justified by objective facts)
Terry v. Ohio, 392 U.S. 1 (1968) (constitutional basis for brief investigatory stops)
United States v. Quintero, 648 F.3d 660 (8th Cir. 2011) (voluntary consent standard applied to searches)
Begay v. United States, 553 U.S. 137 (2008) (violent felony for residual clause interpretation under §924(e))
Sykes v. United States, 131 S. Ct. 2267 (2011) (driving a vehicle away from police can be a violent felony under residual clause)
United States v. McIntyre, 646 F.3d 1107 (8th Cir. 2011) (fruit-of-the-poisonous-tree doctrine tied to suppression rulings)
United States v. Martinez, 462 F.3d 903 (8th Cir. 2006) (fruit-of-the-poisonous-tree/totality-of-the-circumstances discussion)