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United States v. Riney

United States Court of Appeals, Seventh Circuit

February 10, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
GUY RINEY, Defendant-Appellant

Argued: November 13, 2013.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 11-CR-115-- Matthew F. Kennelly, Judge.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Christopher V. Parente, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Chicago, IL.

For GUY RINEY, Defendant - Appellant: Michael J. Petro, Attorney, PETRO & ASSOCIATES, Chicago, IL.

Before MANION, KANNE, and HAMILTON, Circuit Judges.

OPINION

Page 786

Hamilton, Circuit Judge.

Defendant Guy Riney was convicted in a jury trial of possession of a firearm after previously having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). Riney had many felony convictions and enough violent crimes, though from many years earlier, to qualify as an armed career criminal under both 18 U.S.C. § 924(e) and U.S. Sentencing Guideline § 4B1.4. The district court sentenced Riney to 204 months in prison. Riney appeals both his conviction and sentence. He argues that the district court erred in denying his motion to quash his arrest and suppress evidence and then also erred in applying a two-level enhancement for obstruction of justice to the offense level in its sentencing guideline calculation. We affirm.

I. Motion to Suppress

A. The Facts and the District Court's Ruling

On September 2, 2009, Chicago police officers John McKenna and Abraham Lara responded to a dispatch call regarding a shooting at the intersection of Franklin Boulevard and Drake Avenue. The call came in between 12:30 and 1:00 a.m. The officers learned that a victim had been shot by two black males wearing dark clothing who had fled on foot. The officers immediately began patrolling the area in their police car, searching for the shooting

Page 787

suspects. They encountered defendant Riney a few blocks away from the shooting. According to the officers, they first saw Riney sitting in a parked car with another black male on North Monticello Avenue. The officers believed the pair matched the general description of the shooting suspects. Officer Lara was driving. He pulled the police car behind the parked car in which Riney was sitting. The officers saw Riney get out on the passenger side. When the police car stopped, Officer Lara exited, drew his weapon, and yelled " show me your hands." Officer McKenna also exited and noticed what appeared to be a gun handle in Riney's waistband. He shouted commands at Riney, though at the evidentiary hearing he was not able to recall exactly what those commands were. Riney continued walking away at a fast pace. Officer McKenna followed and, based on his observation and his belief that the suspects in the recent and nearby shooting were in the area, detained Riney between the porch and the fence of a house at 438 North Monticello. He conducted a pat-down search and recovered a loaded revolver from Riney. That weapon was the basis of the felon-in-possession charge against Riney. Officer McKenna then alerted Officer Lara to the presence of a weapon, secured the weapon, and turned it over to Lara.

Riney filed a pretrial motion to suppress the gun and quash his arrest, claiming that his search and arrest were illegal because the officers lacked probable cause. In support of his motion, he submitted his own affidavit. Statements within that affidavit contradicted the officers' version of their discovery of the revolver in several critical respects. In Riney's version, he claimed he had been standing on his porch when Officer McKenna ordered him to approach and then " forcefully grabbed me by my ...


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