United States v. Robin Perry
2013 U.S. App. LEXIS 503
6th Cir.2013Background
- Perry, a convicted felon, pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- An officer-driven investigation followed a report that Perry pointed a gun at residents in a boarding house early one morning.
- Police encountered Perry in the hallway and, after placing her under control, sought consent to search her room.
- Witnesses testified that Perry gave consent to search Perry’s room; one officer later framed the arrest as part of a protective sweep.
- A revolver was found under a pillow in Perry’s room, seizure led to Perry’s arrest and later sentencing under ACCA for three prior qualifying felonies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perry validly consented to the room search | Perry consent contested; inconsistent consent details | Consent shown by multiple witnesses; voluntary under circumstances | Consent found voluntary; district court not clearly erroneous |
| Whether the search was permissible under a protective sweep or relying on consent | Search impermissibly based on disputed consent | Protective sweep supported by police safety concerns | Review not needed as consent adequate; protective-sweep rationale rejected or unnecessary |
| Whether the 2001 aggravated-assault conviction under Ohio § 2903.12 is a violent felony for ACCA purposes | Aggravated assault is not a violent felony due to inferior status | Aggravated assault is a violent felony under § 924(e)(2)(B) | Aggravated assault under Ohio § 2903.12 qualifies as a violent felony under § 924(e)(2)(B) |
| Whether Perry’s sentence under ACCA was proper given the prior convictions | Disputed one qualifying conviction; potential reclassification | Three qualifying felonies established mandatory minimum 15 years | Sentence affirmed as mandatory minimum under ACCA; argument moot regarding acceptance of responsibility |
Key Cases Cited
- United States v. Worley, 193 F.3d 380 (6th Cir. 1999) (consent at airport stop can reflect futility rather than true consent)
- United States v. Beauchamp, 659 F.3d 560 (6th Cir. 2011) (consent involuntary where defendant was visibly nervous and pursued)
- United States v. Rodriguez, 664 F.3d 1032 (6th Cir. 2011) (aggravated assault is a crime of violence for § 4B1.2 and § 924(e))
- United States v. McMurray, 653 F.3d 367 (6th Cir. 2011) (assessing violent felony status mirrors crime-of-violence analysis)
- United States v. Canipe, 569 F.3d 597 (6th Cir. 2009) (consent validity considering prior police familiarity and brief encounter)