22 F.4th 655
7th Cir.2022Background
- On Oct. 15, 2016 Shaffers was in a parked car in Chicago with three passengers; police approached, smelled marijuana, heard loud music, and blocked the car.
- Officer Streeper testified Shaffers made furtive movements near the driver-side floorboard; Shaffers fled and a gun was recovered from the driver-side floorboard.
- Shaffers was tried twice: the first trial ended in a mistrial; at retrial an obstruction count was added for attempts to influence witnesses; Shaffers was convicted on both counts.
- Shaffers appealed the felon-in-possession conviction arguing (1) the stop/search should have been suppressed, (2) admission of a passenger’s grand-jury testimony violated the Confrontation Clause, (3) the evidence was insufficient to prove possession, and (4) a prior aggravated assault conviction was wrongly treated as a "crime of violence" at sentencing.
- The Seventh Circuit affirmed: it upheld the stop, rejected the Confrontation Clause challenge, found the evidence of constructive possession sufficient, and concluded the prior aggravated assault qualified as a crime of violence under the Guidelines.
Issues
| Issue | Shaffers' Argument | Government's Argument | Held |
|---|---|---|---|
| Lawfulness of stop / suppression of the gun | Stop was an unlawful seizure lacking reasonable suspicion; gun should be suppressed | Officers had reasonable suspicion to stop based on loud music (noise ordinance), smell of marijuana, and observed furtive movements | Stop was lawful under Terry; suppression denied |
| Confrontation Clause — admission of Fulton’s grand-jury testimony | Admission violated Sixth Amendment because Fulton’s trial memory lapse made the prior testimony "testimonial" without effective confrontation | Fulton was present, testified, and was cross-examined; Owens framework allows prior testimony when witness appears and can be cross-examined | No Confrontation Clause violation; admission allowed because defense had full and fair cross-examination opportunity |
| Sufficiency of evidence — constructive possession | Insufficient nexus to the gun because three other people were in the car; mere proximity is inadequate | Constructive possession shown by furtive movements toward floorboard, Shaffers’ flight, lies, and attempts to influence witnesses | Evidence sufficient to support conviction for possession |
| Sentencing — prior aggravated assault as "crime of violence" | The aggravated-assault conviction should not qualify; categorical approach forbids looking to underlying conduct | Illinois aggravated-assault statute incorporated a divisible battery statute; Shepard documents (plea colloquy) show conviction rested on the bodily-harm prong, which meets the elements clause | Prior aggravated assault properly classified as a crime of violence; sentence calculation affirmed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes standard for investigatory stops)
- Navarette v. California, 572 U.S. 393 (totality-of-circumstances reasonable-suspicion inquiry)
- Owens v. United States, 484 U.S. 554 (prior testimonial statements admissible when witness appears and is cross-examined despite memory loss)
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause principles regarding testimonial statements)
- Mathis v. United States, 136 S. Ct. 2243 (modified categorical approach and use of Shepard documents)
- Shepard v. United States, 544 U.S. 13 (limits on materials courts may consult to identify the offense of conviction)
- United States v. Vesey, 966 F.3d 694 (7th Cir. on Illinois battery divisibility and aggravated-assault analysis)
- United States v. Griffin, 684 F.3d 691 (constructive-possession inference from exclusive control and related factors)
- United States v. Davis, 896 F.3d 784 (nexus for constructive possession; "something more" such as flight or evasive conduct)
- Douglas v. Alabama, 380 U.S. 415 (right of cross-examination under Confrontation Clause)
- Delaware v. Fensterer, 474 U.S. 15 (Confrontation Clause does not guarantee effective cross-examination in every respect)
- United States v. Chairez, 33 F.3d 823 (7th Cir. on gestures toward a gun as a factor in possession cases)