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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).