United States v. Snyder
793 F.3d 1241
10th Cir.2015Background
- Officer stopped Snyder for traffic violations; upon approach smelled burnt marijuana coming from the vehicle.
- Officer called for backup, Snyder exited, resisted, and was restrained after a brief scuffle; officers searched the car and found a firearm under the driver’s seat.
- Snyder admitted ownership of the gun; he was charged under 18 U.S.C. § 922(g) as a felon in possession of a firearm.
- District court denied Snyder’s suppression motion, finding probable cause (or alternatively inevitable discovery via impound/inventory); Snyder pleaded guilty, later vacated that plea and was convicted at bench trial.
- At sentencing the court applied the Armed Career Criminal Act (ACCA), treating prior attempted aggravated eluding conviction as a violent felony under the ACCA residual clause, producing a 180‑month mandatory minimum.
- On appeal Snyder contested the vehicle search and the ACCA enhancement; the panel affirmed the denial of suppression but remanded to vacate and re-sentence in light of Johnson v. United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of vehicle search based on odor of marijuana | Snyder: search lacked probable cause; suppression required | Gov: odor of burnt marijuana gave probable cause to search the passenger compartment | Affirmed: smell of burnt marijuana established probable cause; search lawful |
| Inevitable discovery/inventory exception | Snyder: inventory/impound would not inevitably lead to gun discovery and stop exceeded scope | Gov: vehicle would be impounded after arrest or for lack of insurance, making inventory inevitable | Court did not decide inevitability—affirmed on probable cause ground |
| ACCA enhancement via residual clause | Snyder: applying residual clause to his eluding conviction is unconstitutionally vague and violates due process | Gov: residual clause can apply; alternatively, conviction qualifies under any reasonable interpretation | Reversed as to sentence: Johnson v. United States holds ACCA residual clause void for vagueness; remand to vacate sentence and re-sentence |
Key Cases Cited
- Florida v. White, 526 U.S. 559 (1999) (probable cause permits warrantless vehicle searches for contraband)
- Johnson v. United States, 576 U.S. 591 (2015) (ACCA residual clause is unconstitutionally vague)
- United States v. Johnson, 630 F.3d 970 (10th Cir. 2010) (odor of marijuana alone establishes probable cause to search vehicle)
- United States v. Nielsen, 9 F.3d 1487 (10th Cir. 1993) (smell of marijuana sufficient to establish probable cause to search passenger compartment)
- United States v. Martinez, 512 F.3d 1268 (10th Cir. 2008) (explaining inevitable discovery doctrine)
- Sykes v. United States, 564 U.S. 1 (2011) (prior case holding vehicle‑fleeing offense could qualify under ACCA residual clause; later overruled by Johnson)