United States v. Warnell Reid
769 F.3d 990
8th Cir.2014Background
- Reid was convicted of unlawful firearm possession as a felon under 18 U.S.C. § 922(g)(1).
- District court sentenced Reid under ACCA’s 15-to-life range based on three violent-felony priors, to 188 months with two years’ supervised release.
- Officers entered and searched Graham’s home after she was arrested on a related matter and gave consent to search.
- An SKS rifle was found in plain view during a court-approved accompaniment to Graham’s bedroom.
- Graham identified Reid as the firearm’s owner; Reid moved to suppress and was convicted at trial.
- Court remands for resentencing after determining Reid’s Missouri attempted burglary is not a “violent felony” under § 924(e).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry/search of the home was lawful. | Reid argues the entry was unlawful because no warrant existed and no valid exception applied. | The government contends the arrestee’s reentry rights and accompanying actions provided a valid basis. | Yes; the entry/search was permissible under accompanying-arrestee doctrine and consents. |
| Whether Reid’s Missouri attempted burglary constitutes a “violent felony” under ACCA § 924(e). | Reid maintains Missouri attempted burglary qualifies as a violent felony under James v. United States. | The government contends it does qualify under James’ framework. | Missouri attempted burglary is not a violent felony under § 924(e); remand for resentencing. |
Key Cases Cited
- United States v. DeBuse, 289 F.3d 1072 (8th Cir. 2002) (arrest outside a home does not alone justify warrantless residence entry; accompanying arrestee may permit entry)
- Illinois v. McArthur, 531 U.S. 326 (U.S. 2001) (allowing arrestee to reenter for dressing can justify accompanying search)
- Washington v. Chrisman, 455 U.S. 1 (U.S. 1982) (definition of reasonableness for accompanying behavior in searches)
- Fernandez v. California, 134 S. Ct. 1126 (U.S. 2014) (consent to search obtained after de facto entry is valid under Fourth Amendment)
- James v. United States, 550 U.S. 192 (U.S. 2007) (framework for whether attempted burglary qualifies as a violent felony under ACCA)
- United States v. McKinney, 328 F.3d 993 (8th Cir. 2003) (prior analysis treated Missouri attempted burglary as violent felony, but James updated the approach)
- State v. Molasky, 765 S.W.2d 597 (Mo. 1989) (commentary supports that acts like reconnoitering can be substantial steps in Missouri)
- United States v. Martinez, 602 F.3d 1166 (10th Cir. 2010) (examples of state attempt statutes not qualifying as violent felonies under ACCA)
- United States v. Weekley, 24 F.3d 1125 (9th Cir. 1994) (state attempt statutes analogous to non-violent preparatory conduct may be non-qualifying)
- United States v. Lynch, 518 F.3d 164 (2d Cir. 2008) (Florida-like analysis contrasted with Missouri statute in ACCA context)
- United States v. Smith, 645 F.3d 998 (8th Cir. 2011) (Minnesota-like comparison of attempted burglary vs. violent felony)