scott hunter jeffrey hunter

533, 88 L.Ed.2d 464 (1985));  see also United States v. Place, 462 U.S. 696, 709-10, 103 S.Ct. Thus, McCarthy clearly had assumed the risk that Henderson might consent to a search of the room (and that the search would extend to any items, like the suitcase, sitting open in plain view). Kimball, 25 F.3d at 6;  see also United States v. Rodriguez-Morales, 929 F.2d 780, 783 (1st Cir.1991), cert. Indeed, it is well-settled that, based merely on a reasonable and articulable suspicion, a police officer may make a brief stop or “seizure” of an individual to investigate suspected past or present criminal activity. 18 U.S.C. (use of weapons without more does not elevate stop to de facto arrest), cert. With respect to the Connecticut stop, Hunter sought to suppress the statements and gesture he made during the first seventy-five minutes of the stop that ultimately led the police to James Hall. In addition, Trooper Hall took three Polaroid photographs of Hunter. § 2B3.1(b)(2)(C). 1535, 1543, 75 L.Ed.2d 502 (1983) (quotations omitted). Clearly, from the perspective of the detainee, other factors, including the force used to detain the individual, the restrictions placed on his or her personal movement, and the information conveyed to the detainee concerning the reasons for the stop and its impact on his or her rights, affect the nature and extent of the intrusion and, thus, should factor into the analysis. Additionally, only fifteen minutes after Officer Richard first stopped Hunter, Trooper Hall read Hunter his Miranda rights. First, it is far from clear how, and if, Application Note 3 applies to the facts of this case. Hunter's situation, however, is different. In his reply brief, Hunter denies conceding that the police had sufficient reasonable suspicion to make the initial stop. On the basis of the information he had obtained from the rental car agency, Trooper Heller then asked Hunter if his friend was black. Hunter told Richard that a friend had rented the automobile for him because his own car was under repair. We discuss each argument below. 1118, 43 L.Ed.2d 393 (1975). In any event, the district court's finding that Officer Richard properly acted in initially detaining Hunter after spotting him shortly after the robbery, driving a red Pontiac Sunbird, is eminently supportable. These facts alone arguably give rise to a reasonable suspicion sufficient to justify a brief investigatory stop of McCarthy. § 924(c). Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. In calculating the separate base offense levels for the conspiracies to commit the Alabama and the Connecticut robberies, the district court-in both instances-applied a five-level enhancement for brandishing a firearm. denied, 507 U.S. 947, 113 S.Ct. A search incident to the arrest disclosed an envelope containing $6039 in cash on Hunter's person. Deputy Fulmer agreed to come by Henderson's trailer. 12. See, e.g., id. Several officers eventually caught and arrested Hunter. denied, 502 U.S. 1030, 112 S.Ct. U.S.S.G. His daughter Lorelai, who is currently recovering at a hospital, described her father as a “true hero”. Finally, McCarthy challenges the district court's use of his seven prior state attempted-murder convictions as a single predicate offense in determining whether he was subject to sentencing as an armed career criminal under 18 U.S.C. An AK-47 assault rifle, a pistol, extra clips and a bullet-proof vest sat atop the suitcase in plain view. About 2:43 p.m., Trooper Hall advised Hunter of his Miranda rights and informed him that, although he was not under arrest, he was being detained for investigative purposes. After stopping the truck, the state trooper asked the driver for identification. Trooper Hall spoke to Hunter through the open rear door of Richard's cruiser and detected alcohol on Hunter's breath. Trooper Heller obtained Lance Hall's driver's license number from the rental agency. While it is true that the district court failed to make an explicit finding on the “immediately apparent” prong, the oversight matters little in the context of this case. In this case, the district court treated, for sentencing purposes, the conspiracy to commit the Alabama, Connecticut and Maine bank robberies in Count One as three separate counts of conspiracy to commit the three separate bank robberies. Furthermore, we also reject McCarthy's final challenge concerning the search of his storage shed in Maine because it is likewise substantially predicated on the assumption that the earlier arrest and seizures were illegal. denied, 474 U.S. 1008, 106 S.Ct. Upon returning to the police cruiser in which Hunter was still being detained, Trooper Heller asked Hunter where he had been prior to the stop. See U.S.S.G. A clear error exists only if, after considering all the evidence, we are left with a definite and firm conviction that a mistake has been made. Hunter regularly updated his mother Regina through text about his situation. Moreover, he contends that he had not abandoned the suitcase because he intended to retrieve it later in the evening on the day of his arrest. The driver of the truck, McCarthy, falsely identified himself as John E. Perry and gave the trooper a Maine driver's license bearing that name. (n. 3);  cf. Several months later, the Connecticut prosecution against McCarthy was dismissed without prejudice following the discovery that the affidavit on which the Connecticut arrest warrant was based included an incorrect factual statement. Section 5G1.2 (and the other sections to which it refers), however, does not discuss how to handle a sentence imposed following a probation revocation. The text messages were as follows: “He knew how bad it was, these say it’s going to be a direct hit”, Regina said. Without question, the automatic weapons, ammunition and bullet-proof vest were all potential instrumentalities of such crimes. See U.S.S.G. See Whiteley v. Warden, Wyo. These facts reasonably support the inference that the weapons and other items were in the suitcase prior to Ellison's removal of the lock. Trooper Heller obtained this information and the fact that Hunter was listed as a driver on the rental agreement solely on the basis of the car's license plate number. Application Note 2 to U.S.S.G. Subsequently, Ridlehoover informed the Sheriff's Department that a federal arrest warrant for unlawful flight from prosecution had been issued for Hunter. Watkins described the immediate situation after the tornado passed: “All you could hear was horns going off and people hollering help help”. (n. 2). Hunter replied that he had not been anywhere near Franklin, but instead had spent the day at a friend's place in the woods. Jeffrey Hunter was born Henry Herman McKinnies, Jr. in New Orleans, the only child of a Louisiana sales engineer and his wife. When, as here, the relevancy of specific evidence turns on a condition of fact-whether the suitcase actually contained the seized weapons and other items-a court shall admit it subject to the introduction of evidence sufficient to fulfill that condition. McCarthy contends that the district court incorrectly sentenced him as an armed career criminal under 18 U.S.C. 1357, 122 L.Ed.2d 736 (1993). § 5G1.3(c), which provides that, the sentence for the instant offense shall be imposed to run consecutively to the prior undischarged term of imprisonment to the extent necessary to achieve a reasonable incremental punishment for the instant offense.13. Moreover, the district court's application of the brandishing enhancement does not undercut the purposes of Note 2. Accordingly, McCarthy's complaint lacks merit. Henderson then decided to check his trailer to see if McCarthy and Hunter had left anything behind. The federal bank robbery convictions arise from conduct completely unrelated to the cocaine possession that lies at the heart of the state sentence. While Hunter was fleeing on foot, Deputy Fulmer, who had yet to reach the power company, spotted the same pickup truck, which he had seen earlier in the day, heading away from the power company. Ch. Investigators subsequently learned that the real John E. Perry had lost his Alabama license prior to the Franklin bank robbery and that McCarthy had used the alias John Perry in Florida following an arrest there.3  The real John E. Perry, who lived in Alabama, identified McCarthy as James Hardiman, an individual who had been involved with his former wife. Officer Richard reported the sighting, and, after the car left the station, stopped the vehicle as it prepared to enter an interstate highway. Select this result to view Jeffrey Scott Hunter's phone number, address, and more. U.S.S.G. Thus, the same conduct did not unfairly give rise to both a sentencing enhancement and a separate mandatory sentence under 18 U.S.C. In cases where a defendant has committed a federal offense while on probation, Note 4 expressly limits a district court's discretion in determining a reasonable incremental punishment by providing that the court must order the entire federal sentence to run consecutively to any sentence imposed upon revocation of probation. Zapata, 18 F.3d at 975 (distinction between investigatory stop and de facto arrest turns in part on what “a reasonable [person] in the suspect's position would have understood his [or her] situation” to be). During that time, other officers drove a teller from the bank by the cruiser in an unsuccessful attempt to identify Hunter as one of the robbers. The relevant question in these cases is not whether the police had probable cause to act, but instead whether the actions taken were reasonable under the circumstances. Subsequently, on May 12, 1993, FBI investigators obtained a warrant to search the storage unit and its contents. All rights reserved. In other words, when the federal sentence arises from conduct or acts directly related to that on which the state sentence is based, application of the guidelines' grouping rules accords with fairness principles inherent in the guidelines by “limit[ing] the significance of the formal charging decision and ․ prevent[ing] multiple punishment for substantially identical offense conduct.”  U.S.S.G. § 924(c). Significantly, Application Note 5 to U.S.S.G. One of those who died during the disaster was Master Sergeant Daniel Wassom, who lost his life protecting his five-year-old daughter from the tornado. Internet Explorer 11 is no longer supported. 1. at 1575. We disagree. Furthermore, we believe the Sentencing Commission's adoption in 1993 of Application Note 4 to U.S.S.G. We decline Hunter's invitation to read the phrase “the underlying offense” in Application Note 2 to preclude the application of the brandishing enhancements to the conspiracies to commit the Alabama and Connecticut robberies. § 5G1.3, comment. Henderson further explained that he had permitted McCarthy and Hunter to stay with him for the past six days in return for $40 rent. Finally, the Supreme Court has admonished that, in all events, “[a] court making this assessment should take care to consider whether the police are acting in a swiftly developing situation, and in such cases the court should not indulge in unrealistic second-guessing.”  Sharpe, 470 U.S. at 686, 105 S.Ct. Moreover, we will uphold a district court's decision to deny a suppression motion provided that any reasonable view of the evidence supports the decision. § 1B1.2(d) (“A conviction on a count charging a conspiracy to commit more than one offense shall be treated as if the defendant had been convicted on a separate count of conspiracy for each offense that the defendant conspired to commit.”).

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