United States v Hood

Hood appealed his conviction and sentence for being a felon in possession of a firearm. The panel affirmed. It held that the district court properly denied his motion to suppress given the officers involved in Hood’s arrest had reasonable suspicion to conduct a Terry stop as they were investigating burglaries in a high crime area, Hood came out of the apartment of the suspected burglar wearing a winter jacket on a summer night, faced away from the officers and said he didn’t know if there was a gun in his pocket. Thus, drawing firearms and using handcuffs were reasonable. The panel held that evidence of the officers’ burglary investigation was intrinsic to the arrest and thus admissible. It finally held that Hood’s conviction for pointing a gun was a violent felony under the modified categorical rule as Hood either pointed the gun intending physical injury or intending mental anguish for the victim either of which is sufficient. Thus, the career criminal sentence was correct.