United States v. Darvill Bragg

United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-2096 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Darvill Jimmy Joseph Bragg lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: February 17, 2022 Filed: August 15, 2022 ____________ Before LOKEN, COLLOTON, and SHEPHERD, Circuit Judges. ____________ LOKEN, Circuit Judge. A jury convicted Darvill Bragg of being a felon in possession of a firearm. 18 U.S.C. § 922(g)(1). The district court1 sentenced him as an armed career criminal to 240 months’ imprisonment. 18 U.S.C. § 924(e). Bragg appeals his conviction, 1 The Honorable John A. Jarvey, then Chief Judge of the United States District Court for the Southern District of Iowa, now retired. arguing that evidence from his iPhone should have been suppressed because the government delayed unreasonably before seeking a search warrant, and that prior firearm convictions were improperly admitted under Federal Rule of Evidence 404(b). He also appeals his sentence, arguing that neither his Iowa willful injury conviction nor his two Illinois armed robbery convictions qualify as “violent felonies” under § 924(e). He further argues the Illinois robbery convictions were not “committed on occasions different from one another,” § 924(e)(1), and thus constitute only one prior violent felony conviction. We affirm. I. The iPhone Evidence Issue On the night of October 25, 2019, Davenport, Iowa police investigated a “shots fired” incident. The victim, Jalen Ross, told police that when he arrived at the apartment of his ex-girlfriend, Tontianna Hill, Merrill Howard and Darvill Bragg, Hill’s new boyfriend, shot at him from a black Chevrolet Impala. Ross recognized Bragg from Facebook pictures. He said Bragg was holding a black revolver. Based on this information, police stopped a black Impala they observed returning to the apartment complex. Hill was driving with Bragg in the passenger seat. When police recovered an unloaded black revolver from the map pocket directly in front of Bragg, they arrested Bragg and seized four iPhones. Hill identified one as belonging to Bragg. At trial, the government introduced videos recovered in a warrant search of the iPhone, including an October 20 video in which Bragg was carrying a revolver matching the gun found in the Impala’s map pocket and wearing the sweatshirt he was wearing when arrested. At the time of his arrest, Bragg was also the primary suspect of a separate shots fired incident on October 17. Detective Bryan Butt was investigating that shooting and was assigned to investigate the October 25 shooting, as well as other shooting incidents that plagued Davenport in late October and early November 2019. Based on the October 25 shooting incident, Detective Butt applied for a warrant to search -2- Bragg’s residence on October 31 and a warrant to search his iPhone on November 18. Both warrants issued. Bragg does not argue the issuing magistrates lacked probable cause to issue either warrant. Bragg was always in custody after his arrest. Bragg’s iPhone was seized incident to his …

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