Submitted January 16, 2014
Appeal from United States District Court for the Eastern District of Missouri - St. Louis.
For United States of America, Plaintiff - Appellee: Allison Hart Behrens, Assistant U.S. Attorney, Stephen R. Casey, Assistant U.S. Attorney, Thomas Joseph Mehan, Assistant U.S. Attorney, Michael A. Reilly, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Eastern District of Missouri, Saint Louis, MO.
Warnell Reid, Defendant - Appellant, Pro se, Greenville, IL.
For Warnell Reid, Defendant - Appellant: Matthew Schelp, HUSCH & BLACKWELL, Saint Louis, MO.
Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
COLLOTON, Circuit Judge.
Warnell Reid was convicted of unlawful possession of a firearm as a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). The statutory maximum punishment for that violation, unless enhanced, is ten years' imprisonment. 18 U.S.C. § 924(a)(2). Based on Reid's criminal history, however, the district court applied the statutory penalty range of fifteen years to life imprisonment under the Armed Career Criminal Act, 18 U.S.C. § 924(e), and sentenced Reid to a term of 188 months' imprisonment, with two years of supervised release.
Reid appeals the denial of his motion to suppress evidence seized during a search of his residence and the application of the
sentencing enhancement. We conclude that the search complied with the Fourth Amendment, but that Reid's prior conviction for attempted burglary under Missouri law was not a " violent felony" under § 924(e). We therefore affirm the conviction, vacate the sentence, and remand for resentencing.
In 2011, Reid was living with his girlfriend, Earnestine Graham. Graham was serving a term of federal supervised release, and she had violated the conditions of her release. Several law enforcement officers, including deputy United States marshals and St. Louis police detectives, went to Graham's home around 6:30 a.m. on October 10, 2011, to execute an arrest warrant for Graham. The front door was cracked open, and a deputy pushed it open. He saw Graham about eight to ten feet from the doorway. She was dressed in her pajamas. ...