458 F. App'x 741
10th Cir.2012Background
- Lee pled guilty to felon in possession of a firearm; he reserved appeal on suppression and ACCA issues.
- Traffic stop in Lawton, Oklahoma for a nonworking tag light; driver provided license and expired insurance; Lee gave a false name and avoided eye contact.
- Back-up officers arrived; Lee refused to keep hands in plain view; officers asked him to exit the vehicle.
- As Lee exited, he ran; a gun fell from his waistband; a lengthy struggle ensued with Tasers used to gain compliance.
- District court denied Lee’s suppression motion, holding the traffic stop valid and that officers may order occupants out of the car; district court also applied ACCA enhancement based on three prior qualifying convictions.
- Lee was sentenced to 180 months after ACCA enhancement; Lee challenged the Florida convictions as not qualifying under ACCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exit order during the stop exceeded the stop’s scope | Lee argues the exit order broadened the stop | Lee/safety rationale? government contends allowed | The exit order was reasonable; no pat-down occurred; suppression affirmed |
| Whether Florida §843.01 convictions qualify as violent felonies under the ACCA | Lee contends convictions do not fit ACCA residual/force | Government maintains residual clause includes them | Convictions qualify under the ACCA residual clause; enhancement affirmed |
| Whether the district court erred in applying ACCA given the statute | Lee challenges applicability | Government supports enhancement | upheld ACCA enhancement |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (officer may order passengers to exit a vehicle during a lawful stop)
- Knowles v. Iowa, 525 U.S. 113 (U.S. 1998) (pat-downs require reasonable suspicion of danger)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits residual clause to purposeful, violent conduct)
- Johnson v. United States, 130 S. Ct. 1265 (S. Ct. 2010) (addressed ACCA residual clause but on force clause; implications for residual clause歯)
- United States v. Scoville, 561 F.3d 1174 (10th Cir. 2009) (explains modified categorical approach to ACCA)