United States v. Johnson
2010 U.S. App. LEXIS 22805
10th Cir.2010Background
- Johnson was charged with possession of a firearm after a prior felony conviction; suppression motion denied; the case proceeded to a non-jury trial on stipulated evidence, resulting in a guilty finding.
- At sentencing, the district court sentenced Johnson under the Armed Career Criminal Act (ACCA) to a fifteen-year term, the mandatory minimum, and imposed a $100 special assessment and four years of supervised release.
- Johnson appeals the suppression ruling and the sentence.
- The stop arose from a nighttime traffic stop on an interstate; Trooper Kimmons observed unusual movements in the car and suspected criminal activity, creating safety concerns.
- A search of the car yielded a firearm; Johnson admitted the gun was his; a subsequent records check revealed his prior felonies.
- The district court found probable cause based on the marijuana odor and corroborating factors, and the court’s findings were reviewed for reasonableness on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the automobile search was justified by probable cause. | Johnson argues inconsistencies undermine trooper credibility and the odor evidence is insufficient. | Johnson contends the search lacks probable cause. | Probable cause supported the search; odor of burnt marijuana alone suffices and other factors reinforce it. |
| Whether the search could be justified as an inventory search. | N/A | N/A | Inventory justification rejected; probable cause independently justified the search. |
| Whether the Missouri convictions counted as ACCA predicates given juvenile status. | Federal law should treat the Missouri offenses as juvenile delinquency, excluding them from ACCA predicates. | Missouri treated offenses as adult convictions; state law governs conviction status for ACCA purposes. | Missouri convictions counted because §921(a)(20) uses jurisdictional law; they are valid predicates under ACCA. |
| Whether the sentence under ACCA was procedurally reasonable given the predicates. | Johnson challenges statutory interpretation affecting predicate counts. | ACCA predicates correctly applied; sentence preserves mandatory minimum. | Sentence affirmed as reasonable under ACCA. |
| Whether the district court’s credibility determinations were clearly erroneous on review. | Discrepancies between testimony and videotape undercut credibility. | Discrepancies are minor; the district court properly weighed credibility. | No clear error; credibility determinations supported the probable-cause finding. |
Key Cases Cited
- United States v. Downs, 200 F.3d 1301 (10th Cir. 1998) (odor of marijuana suffices for probable cause)
- United States v. McKissick, 204 F.3d 1282 (10th Cir. 2000) (use of state law to determine ACCA predicate status for pre-18 offenses)
- Beecham v. United States, 511 U.S. 368 (1994) (choice-of-law clause governs conviction determinations for ACCA)
- United States v. Lender, 985 F.2d 151 (4th Cir. 1993) (pre-18 offenses treated under ACCA predicates)
- United States v. Cure, 996 F.2d 1136 (11th Cir. 1993) (ACC A predicate status based on state-law conviction)
- United States v. Martinez, 610 F.3d 1216 (10th Cir. 2010) (procedural reasonableness review of criminal sentences)