DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152276P.pdf 08/09/2016 United States v. Gregory Fields
U.S. Court of Appeals Case No: 15-2276
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - suppression - sentence. The denial of the motion to
suppress is affirmed, as the officer had reasonable suspicion that Fields
was carrying a concealed firearm, and together with other suspicious
actions, the investigatory stop was consistent with the Fourth Amendment.
During the Terry stop, the officer had more than mere suspicion that
Fields was armed and potentially dangerous. Fields's sentence was enhanced
because of a prior felony conviction for resisting arrest in violation of
Mo.Rev.Stat. Sec. 575.150, characterized as a crime of violence. In light
of United States v. Taylor, the sentence is vacated and the case remanded
to the district court to determine whether the residual clause of the
sentencing guidelines is unconstitutional and whether section Mo.
Rev.Stat. Sec. 575.150.5 is a crime of violence under section 4B1.2(a)(2)
or 4B1.2(a)(1).