United States v. Riney
2014 U.S. App. LEXIS 2501
7th Cir.2014Background
- Riney was convicted of possession of a firearm by a felon, with prior felony convictions, qualifying as armed career criminal under 18 U.S.C. § 924(e) and USSG § 4B1.4.
- District court sentenced him to 204 months in prison after rejecting motions to suppress and quash arrest during a suppression hearing.
- Officers encountered Riney near the shooting scene, observed what appeared to be a gun handle in his waistband, and recovered a loaded revolver after a frisk.
- Riney submitted an affidavit contradicting officers’ account, prompting a four-day suppression hearing before Judge Pallmeyer; the district court found the officers’ testimony credible and denied suppression.
- Riney challenged the stop as unlawful and later contended an obstruction of justice enhancement based on his suppression affidavit; the district court applied the enhancement but the issue focused on materiality and willfulness.
- Judge Kennelly later reviewed the obstruction issue post-trial, found the affidavit material but did not explicitly determine willfulness; the sentence remained within the armed career criminal guideline framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of stop and frisk | Riney argues there was no probable cause for arrest and the stop/search violated the Fourth Amendment. | Riney contends the officers lacked reasonable suspicion to stop and frisk given darkness and clothing. | Denial of suppression affirmed; reasonable suspicion supported by totality of circumstances. |
| Obstruction of justice enhancement | Riney contends the district court erred in applying a two-level obstruction enhancement based on false affidavit. | Riney asserts the district court failed to determine willfulness and that the evidence was not properly material. | Materiality established; lack of explicit willfulness finding deemed harmless due to ACC enhancement already controlling sentencing range. |
Key Cases Cited
- United States v. Jackson, 598 F.3d 340 (7th Cir.2010) (standard of review for suppression rulings; credibility considerations)
- United States v. Pabey, 664 F.3d 1084 (7th Cir.2011) (deference to district credibility findings)
- United States v. Pulley, 601 F.3d 660 (7th Cir.2010) (witness credibility and suppression context)
- Hodari D., 499 U.S. 621 (U.S. (1991)) (seizure requires show of authority; flight alone not seizure)
- United States v. Wardlow, 528 U.S. 119 (U.S. 2000) (evasive behavior supports reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (stop-and-frisk framework; reasonable suspicion standard)
- United States v. Williams, 731 F.3d 678 (7th Cir.2013) (reasonable suspicion standard for investigatory stops)
- United States v. Carlisle, 614 F.3d 750 (7th Cir.2010) (articulable suspicion required for stop)
- United States v. Snow, 656 F.3d 498 (7th Cir.2011) (some crimes justify frisk without full probable cause)
- United States v. Patton, 705 F.3d 734 (7th Cir.2013) (evidence of crime proximity factors into suspicion)
- United States v. Richmond, 641 F.3d 260 (7th Cir.2011) (handgun handle-shaped bulge supports frisk premised on suspicion)
- United States v. Lenoir, 318 F.3d 725 (7th Cir.2003) (police proximity to a disturbance supports identification focus)
- United States v. Dunnigan, 507 U.S. 87 (U.S. 1993) (perjury standard for obstruction enhancement; need willfulness and materiality findings)
- United States v. Johnson, 680 F.3d 966 (7th Cir.2012) (perjury findings and material misrepresentations; perjury standard)
- United States v. White, 737 F.3d 1121 (7th Cir.2013) (perjury finding framework for obstruction enhancement)
- United States v. Grigsby, 692 F.3d 778 (7th Cir.2012) (material misrepresentation in plea context can support perjury finding)
- United States v. Harmon, 721 F.3d 877 (7th Cir.2013) (harmless error assessment when ACC guideline dominates)
- United States v. Carter, 410 F.3d 942 (7th Cir.2005) (harmless error analysis for obstruction enhancement)