Criminal Law : Investigative Stop – Sentencing – Prior Felony Conviction

Where defendant’s actions outside of a funeral for a victim of an unsolved murder were suspicious and an officer had a reasonable suspicion that he was carrying a concealed weapon, an investigatory stop was proper, but the sentence is vacated and remanded for a determination of whether a violation of a Missouri statute on resisting arrest is a crime of violence under the force clause.

Vacated; remanded.

U.S. v. Fields (MLW No. 69545/Case No. 15-2276 – 9 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Western District of Missouri, Sachs, J. (William M. Ermine, Kansas City, Missouri, argued for appellant) (Philip M. Koppe, Kansas City, Missouri, argued for appellee; Christina Y. Tabor appeared on the brief).

Read the full text of this opinion. (PDF)