United States v. Hampton
2010 U.S. App. LEXIS 25626
| 4th Cir. | 2010Background
- Hampton was a backseat passenger in a red Honda; deputies stopped the vehicle for a broken taillight in Richland County, SC.
- During the stop, Hampton was nervous; the driver had an outstanding arrest warrant and was placed under arrest, while Hampton was ordered to exit the vehicle.
- Hampton shoved Deputy Cavanagh and fled; deputies pursued, Atkinson tackled him, and Hampton struggled to reach into his pocket.
- Deputy Atkinson tased Hampton; Hampton was handcuffed after a struggle; a loaded Taurus .38 revolver, marijuana, and digital scales were found on Hampton.
- Atkinson sustained a rotator cuff and shoulder ligament injury requiring medical treatment and six weeks of physical therapy.
- Hampton was indicted for felon in possession of a firearm; the district court denied suppression, Hampton was convicted, and sentenced to 300 months; appeal followed challenging suppression and guideline enhancements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordering Hampton to exit the vehicle during the stop violated the Fourth Amendment | Hampton | Hampton | Order permissible under Wilson; Gant did not overrule Wilson; suppression denied |
| Whether the § 3A1.2(c)(1) six-level enhancement was properly applied | Hampton | Hampton | Evidence supported creating a substantial risk of serious bodily injury and actual injury; enhancement affirmed |
| Whether the § 2K2.1(b)(6) four-level enhancement for possession in connection with another felony was proper | Hampton | Hampton | Firearm facilitative role in the assault satisfied 'in connection with' requirement; enhancement affirmed |
| Whether applying both enhancements constitutes impermissible double counting | Hampton | Hampton | Cumulative enhancements based on distinct conduct; not impermissible double counting |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (officer safety allows passenger exit during traffic stops)
- United States v. Rumley, 588 F.3d 202 (4th Cir. 2009) ( Wilson-based rule applies to passenger exits)
- United States v. Sakyi, 160 F.3d 164 (4th Cir. 1998) (support for passenger exit during stops)
- United States v. Diaz-Ibarra, 522 F.3d 343 (4th Cir. 2008) (interpretation of Guidelines lacking explicit definitions by common meaning)
- United States v. Lee, 199 F.3d 16 (1st Cir. 1999) (common-law assault guiding § 3A1.2(c)(1) interpretation)
- United States v. Delis, 558 F.3d 177 (2d Cir. 2009) (assault/battery distinction in common-law context)
- United States v. Hill, 583 F.3d 1075 (8th Cir. 2009) (dual enhancements may apply due to separate sentencing notions)
- United States v. Jenkins, 566 F.3d 160 (4th Cir. 2009) (appellate review of factual determinations for enhancement purposes)
- United States v. Blount, 337 F.3d 404 (4th Cir. 2003) (connection to offense requires firearm to facilitate the offense)