United States v. Robert Green
2012 U.S. App. LEXIS 18958
8th Cir.2012Background
- Officers responded to a bank robbery description and established a perimeter near Commerce Bank in Kansas City.
- Green matched several aspects of the suspect description (black male, medium build, facial hair, white Nike shoes) and was located two blocks away near the bank.
- Growney detained Green after a computer check revealed two warrants and found cash on Green; other items linked to the bank robbery were found nearby.
- Green gave inculpatory statements; officers later submitted Green's used Styrofoam cup for DNA testing.
- Green moved to suppress statements and physical evidence; magistrate recommended denial of suppression; district court adopted and convicted after bench trial.
- Green was sentenced to 96 months, above the guideline range, after a §3553(a) based variance rather than a §4A1.3 departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for stop | Green | Green | Stop supported by reasonable suspicion |
| Waiver of suppression challenges | Green | United States | Waived; no review absent good cause |
| Sentence procedure and reasonableness | Green | United States | No procedural error; sentence is reasonable |
Key Cases Cited
- United States v. Sokolow, 490 F.3d 1 (U.S. 1989) (reasonable suspicion must be based on totality of circumstances)
- United States v. Garcia, 23 F.3d 1331 (8th Cir. 1994) (totality of circumstances governs reasonable-suspicion analysis)
- United States v. Horton, 611 F.3d 936 (8th Cir. 2010) (describes proximity/time matching description as supporting stop)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (requires de novo review of reasonable-suspicion determinations)
- United States v. Gall, 552 U.S. 38 (U.S. 2007) (abuse-of-discretion review for substantive sentence reasonableness)
- Rose v. United States, 538 F.3d 175 (8th Cir. 2008) (waiver under Rule 12(e); need to raise suppression issues pre-trial)
- Davis v. United States, 411 U.S. 233 (U.S. 1973) (express waiver under Rule 12 precludes collateral review absent cause)
- United States v. Gullickson, 981 F.2d 344 (8th Cir. 1992) (when general vs specific provisions conflict, apply the specific)