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United States v. Booker

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ARGUED SEPTEMBER 23, 2008

Before BAUER, CUDAHY, and WILLIAMS, Circuit Judges.

Mark Booker was indicted on one count of being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1). Booker’s indictment arose out of events that transpired in 2006 when an officer acting on a witness’s tip stopped Booker’s van and saw a gun inside. Booker challenges the district court’s denial of his motion to suppress. Booker wishes to exclude the gun and his statements to police because he believes the police lacked reasonable suspicion to stop his vehicle. Booker also challenges his sentence, arguing that his involuntary manslaughter conviction does not qualify as a “crime of violence” under Begay v. United States, 128 S.Ct. 1581 (2008). Because the officers did have reasonable suspicion to stop Booker’s van, we affirm the district court’s denial of the motion to suppress. However, we remand for resentencing because Booker’s prior involuntary manslaughter conviction does not qualify as a “crime of violence.”

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