152921P.pdf   10/18/2016  United States  v.  Michael John Walker
   U.S. Court of Appeals Case No:  15-2921
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in crediting the arresting officer's testimony that he believed the 
   crack in the windshield in defendant' vehicle obstructed his vision and 
   was a violation of Minnesota Statutes Section 169.71(a)(1)thereby 
   justifying a traffic stop; the strong odor of marijuana the officer 
   smelled when the car was stopped provided a basis to detain defendant 
   independent of the cracked windshield and provided probable cause to 
   search the car; Speedy Trial Act and Sixth Amendment speedy trial right 
   claims rejected; the district court did not err in granting the 
   government's motion in limine to preclude questioning of the arresting 
   officer regarding an unrelated internal affairs investigation; no error in 
   rejecting defendant's proposed instructions on constructive possession and 
   knowledge; with respect to defendant's contention that the district court 
   erred in sentencing him as a career criminal, the court could not 
   determine on the basis of this record whether defendant's prior Minnesota 
   second-degree burglary conviction qualified as an ACCA predicate offense, 
   and his sentence is vacated; the matter is remanded for further sentencing 
   proceedings; the district court is not limited with respect to the 
   evidence it may consider on remand.