United States v. Randy Parks Sweeney
711 F. App'x 263
| 6th Cir. | 2017Background
- In 2011 Sweeney messaged a 13-year-old on Facebook requesting sexual acts and asking for photos “without the shorts.” The minor’s mother alerted police.
- Georgia Detective Tammy Davis collected and faxed an incident report and swore to a Georgia magistrate, obtaining an arrest warrant charging Sweeney with computer pornography; it is disputed whether the magistrate had Davis’s incident report attached to the warrant affidavit.
- Tennessee Detective Josh Creel prepared a search-warrant affidavit referencing Davis’s report but omitted the victim’s statement that she never sent nude photos; a Tennessee judge issued a search warrant and officers seized firearms and computers from Sweeney’s bedroom.
- After the search officers found a sawed-off shotgun and other guns, arrested Sweeney, and obtained statements in which he admitted knowing the victim’s age and possessing the shotgun.
- A federal jury convicted Sweeney of attempting to coerce a minor to engage in sexually explicit conduct (18 U.S.C. § 2251(e)) and being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)); one count (18 U.S.C. § 2422(b)) was dismissed at trial.
- The district court classified Sweeney as an armed career criminal under the ACCA and sentenced him to 195 months; on appeal convictions were affirmed but the ACCA-based sentence was vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Motion to suppress search evidence & request for Franks hearing | Affidavit omitted material fact (victim said she never sent nudes); therefore warrant invalid and Franks hearing required | Omission was not material because affidavit still established probable cause under totality of circumstances | Denied: omission was not necessary to probable cause; warrant supported by independent basis to search | |
| Suppression of post-arrest statements (validity of Georgia arrest warrant) | Georgia arrest warrant affidavit lacked sufficient factual basis; arrest therefore unlawful and statements should be suppressed | Even if the Georgia warrant was invalid, officers had probable cause to arrest after finding illegal firearms during a valid Tennessee search | Denied: arrest was reasonable based on probable cause from weapons discovered and known felony history | |
| Sufficiency of evidence for § 2251(e) conviction | (Sweeney) Requested photo “without the shorts” could mean clothed; victim’s own wording indicated underwear; no request for explicit sexual act photo | (Government) Messages show escalating sexual requests and context supports that the photo sought would be lascivious | Affirmed: viewing messages in context, a rational jury could find attempted persuasion to produce lascivious visual depiction | |
| ACCA classification based on Tennessee aggravated burglary convictions | (Sweeney) Tennessee aggravated burglary is broader than generic burglary and thus not a predicate violent felony | (Government) Prior Sixth Circuit precedent treated Tennessee aggravated burglary as a violent felony | Sentence vacated because later controlling en banc decision held Tennessee aggravated burglary is not a violent felony under the ACCA | Vacated and remanded for resentencing (ACCA predicates no longer satisfied under controlling precedent) |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes standard for evidentiary hearing when affidavit contains deliberate or reckless falsehoods or omissions)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause for warrants is evaluated under a totality-of-the-circumstances standard)
- Taylor v. United States, 495 U.S. 575 (1990) (definition of "generic burglary" for ACCA purposes)
- United States v. Brown, 579 F.3d 672 (6th Cir. 2009) (articulating Dost factors for evaluating whether an image is lascivious)
- United States v. Nance, 481 F.3d 882 (6th Cir. 2007) (previously held Tennessee aggravated burglary a violent felony under ACCA)
- United States v. Stitt, 860 F.3d 854 (6th Cir. 2017) (en banc) (overruled Nance and held Tennessee aggravated burglary is not an ACCA violent felony)