United States v. Michael Johnson
2013 WL 609258
6th Cir.2013Background
- Johnson was stopped for a seat-belt violation; smell of marijuana and a second license plate were found in the car.
- Passenger admitted marijuana use; Johnson claimed he was a felon with a gun under the passenger seat and could influence ownership by the passenger.
- NCIC verified Johnson’s condition of release and that he had an active arrest warrant; Johnson was arrested after stating he would be arrested for staying away from the passenger.
- Officer Parks searched the vehicle after the passenger’s identity was corrected and marijuana smell was noted, leading to the recovery of a firearm.
- Johnson was indicted for felon in possession of a firearm; he moved to suppress the firearm on multiple grounds, which the district court denied.
- Johnson pleaded guilty with a conditional appeal to challenge the suppression ruling; the district court later sentenced him under ACCA based on four prior felonies, including Kentucky first-degree stalking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was valid as incident to arrest. | Johnson argues illegal arrest before passenger identity confirmed. | State asserts probable cause existed from marijuana odor and felon status. | Yes; probable cause supported search under automobile exception; suppression denied. |
| Whether Kentucky first-degree stalking is a violent felony under ACCA. | Johnson contends Kentucky stalking lacks force element or comparable risk. | State maintains it satisfies force or residual-clause risk standards. | Yes; Kentucky first-degree stalking is a violent felony under ACCA (force prong and residual-clause analysis satisfied). |
Key Cases Cited
- United States v. Wynn, 579 F.3d 567 (6th Cir. 2009) (categorical approach to crime of violence; ambiguity allows judgment based on charging documents)
- United States v. Begay, 553 U.S. 137 (U.S. 2008) (residual clause requiring similar kind and degree to enumerated offenses; purposeful, violent conduct)
- Sykes v. United States, 131 S. Ct. 2267 (U.S. 2011) (comparable risk standard for residual clause; vehicle flight analysis)
- James v. United States, 550 U.S. 192 (U.S. 2007) (comparable risk of injury to enumerated offenses; attributes of remaining offenses)
- Prop. United States v. Esquivel-Arellano, 208 F. App’x 758 (11th Cir. 2006) (statutory scope of stalking statutes and violence considerations)
- United States v. Insaulgarat, 378 F.3d 456 (5th Cir. 2004) (Florida aggravated stalking not necessarily a crime of violence)
- United States v. Jones, 231 F.3d 508 (9th Cir. 2000) (California stalking statute; potential for non-violent interpretation)
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (battery standard; 'violent force' required by ACCA)