United States v. Gregory Fields
832 F.3d 831
8th Cir.2016Background
- At a funeral for an unsolved homicide victim, four men (including Fields) arrived late, parked farther away than necessary, and two stood silently by the funeral door for 15–20 minutes; a funeral employee told police the family did not know them and feared for their safety.
- Detectives conducting surveillance requested a marked patrol officer to perform a pedestrian check; Officer Sartain approached, observed Fields walking away, and noticed a hip bulge consistent with a firearm.
- Sartain blocked Fields’ path, asked if he was armed; Fields nodded and said yes; Sartain handcuffed Fields, conducted a pat-down, and seized a loaded handgun; Fields was arrested as a felon in possession.
- Fields moved to suppress the firearm, arguing the stop lacked reasonable suspicion; the magistrate and district court denied suppression, and the conviction was entered on a conditional guilty plea.
- At sentencing, the probation officer treated Fields as a career offender under U.S.S.G. § 2K2.1(a)(4)(A)/§ 4B1.2 based on a prior Missouri resisting-arrest conviction (Mo. Rev. Stat. § 575.150.5); Fields received a 37‑month sentence.
- After sentencing, Johnson v. United States held the ACCA residual clause void for vagueness; the government conceded, and the court remanded for resentencing to address whether the guideline residual clause is void and whether the prior conviction qualifies under the force clause.
Issues
| Issue | Plaintiff's Argument (Fields) | Defendant's Argument (Government/Police) | Held |
|---|---|---|---|
| Lawfulness of the investigatory stop and seizure of the gun | No reasonable, articulable suspicion to detain Fields; stop unlawful; suppression required | Officers had reasonable suspicion from funeral context, suspicious conduct, and visible hip bulge supporting a Terry stop and pat‑down | Stop and pat‑down were reasonable; conviction affirmed |
| Whether officer could perform protective pat‑down | No justification for frisk absent reasonable belief suspect armed | Officer observed bulge, asked if armed, got affirmative nod — reasonable belief suspect was armed and dangerous | Pat‑down justified; weapon seizure admissible |
| Validity of guideline career‑offender enhancement under residual clause | Residual clause in § 4B1.2(a)(2) is unconstitutionally vague post‑Johnson; enhancement invalid | Government conceded residual clause problem but urged remand; alternatively argued prior conviction qualifies under force clause | Sentence vacated and remanded for resentencing to address vagueness and whether prior conviction is a crime of violence under force clause |
| Whether Fields’ prior Missouri § 575.150.5 conviction is a crime of violence under the force clause | Statute requires intentional fleeing creating substantial risk of serious injury, which can qualify under force clause (or at least merits full record review) | Government suggested it does not meet force clause but offered inadequate briefing/record on that point | Court declined to decide; remanded for district court to apply categorical/modified categorical approach with proper records |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (U.S. 2015) (ACCA residual clause is unconstitutionally vague)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (brief investigatory stops permissible with reasonable, articulable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (reasonable‑suspicion standard for stops)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (police may approach and question individuals in public)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (reasonable suspicion reviewed under totality of circumstances)
- United States v. Dupree, 202 F.3d 1046 (8th Cir. 2000) (de novo review of reasonable suspicion)
- United States v. Davison, 808 F.3d 325 (8th Cir. 2015) (officer may frisk when reasonably suspect person is armed and dangerous)
- United States v. Taylor, 803 F.3d 931 (8th Cir. 2015) (remand required when career‑offender residual clause issue implicated by Johnson)