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.
173236P.pdf 11/15/2018 United States v. Quentin Perry
U.S. Court of Appeals Case No: 17-3236
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Benton, Author, with Kelly and Stras, Circuit Judges]
Criminal Case - conviction and sentence. District court did not clearly
err in denying motion to suppress bullets found in defendant's pockets as
there was probable cause to arrest him because defendant matched the
material aspects of the shooter's description and a reasonable officer
could have concluded that defendant was the shooter. Defendant's claim
that his constitutional rights to mount a defense were violated based on
his placement in segregation before and during trial fails on the merits.
The court did not abuse its discretion in limiting cross-examination or in
its evidentiary rulings. On challenge to sentence under the Armed Career
Criminal Act, district court did not err in determining that first-degree
aggravated robbery was a violent felony. The district court did not err in
treating the robbery and second-degree assault conviction as separate
predicate offenses for ACCA purposes, considering the time lapse between
offenses, the physical distance, and the different victims and
aggressions. The district court did not err in counting the felony
domestic assault as a violent felony. Judge Stras concurs. Judge Kelly
concurs in part and dissents in part.