11 F.4th 944
8th Cir.2021Background
- Miller lived in a two-story rental; after a dispute about a suitcase, neighbor Latham called police alleging Miller had a shotgun, cursed, and pointed it at her and another man.
- Officers contacted multiple witnesses; some said Miller pointed the shotgun, others (e.g., Borntreger) said he did not but carried it in a ready/threatening manner.
- Officers performed a protective sweep, then obtained a warrant; search recovered a short‑barreled shotgun (17 7/8" barrel) concealed in the kitchen. Miller was arrested.
- A grand jury indicted Miller for being a felon in possession (18 U.S.C. § 922(g)(1)) and an NFA short‑barreled shotgun violation (26 U.S.C. § 5861(d)).
- The district court denied Miller’s suppression, Franks, and constitutional challenges, and at sentencing applied a base offense level under U.S.S.G. § 2K2.1(a)(3) (firearm defined by § 5845(a)) and a +4 enhancement under § 2K2.1(b)(6)(B) for possessing the gun in connection with an assault; Miller received 84 months.
- On appeal the Eighth Circuit affirmed: no Franks relief, no suppression under the facts, NFA challenge foreclosed, and sentencing enhancements upheld.
Issues
| Issue | Miller's Argument | Government's Argument | Held |
|---|---|---|---|
| Franks: omission of witness statements from warrant affidavit | Officer omitted exculpatory statements (e.g., Borntreger) that contradicted Latham; omission was intentional/reckless and vitiates probable cause | Multiple independent witnesses still established a fair probability of criminality; omitted material would not defeat probable cause | Affirmed — even with omitted material included, affidavit supported probable cause; no Franks relief |
| Warrantless entry / exclusionary rule | Warrantless entry and sweep made the search and recovered shotgun unconstitutional; evidence should be suppressed | Any entry illegality was not the but‑for cause of the recovery; the gun was discovered pursuant to a later warrant and the warrant affidavit did not rely on unlawfully obtained information | Affirmed — no suppression because government showed independent lawful source / Miller failed to prove taint |
| NFA constitutionality under the Second Amendment | NFA invalid as applied to short‑barreled shotguns | Supreme Court precedent forecloses the challenge | Affirmed — claim foreclosed by United States v. Miller (307 U.S. 174) |
| Sentencing: §2K2.1(a)(3) (§5845 firearm) — mens rea/knowledge of barrel length | Enhancement requires knowledge that barrel <18"; lacking such knowledge, enhancement improper | Guidelines provision has no scienter requirement; enhancement applies based on the firearm’s characteristics | Affirmed — enhancement applies without proof of defendant’s knowledge; gun was <18" |
| Sentencing: §2K2.1(b)(6)(B) — gun used/possessed in connection with another felony (assault) | Court misapplied Iowa law and lacked sufficient evidence that Miller committed assault | Witnesses testified they felt threatened; by preponderance court could find Miller displayed the weapon in a threatening manner under Iowa law | Affirmed — district court’s factual finding not clearly erroneous; +4 enhancement sustained |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for showing affidavit omissions/recklessness and entitlement to a Franks hearing)
- United States v. Miller, 307 U.S. 174 (1939) (upholding NFA in context of Second Amendment challenge)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality‑of‑the‑circumstances standard for probable cause for a warrant)
- Segura v. United States, 468 U.S. 796 (1984) (independent‑source doctrine for admissibility despite prior illegal entry)
- United States v. Riesselman, 646 F.3d 1072 (8th Cir. 2011) (defendant must show but‑for causation/taint between violation and challenged evidence)
- United States v. Reed, 921 F.3d 751 (8th Cir. 2019) (Franks burden of proof restated)
- United States v. Mendoza‑Figueroa, 65 F.3d 691 (8th Cir. 1995) (en banc) (construing what qualifies as a prior controlled‑substance conviction for sentencing purposes)