United States v. Mohamed Abdi

NOT RECOMMENDED FOR PUBLICATION File Name: 20a0535n.06 No. 19-1782 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED UNITED STATES OF AMERICA, ) Sep 16, 2020 ) DEBORAH S. HUNT, Clerk Plaintiff-Appellee, ) ) v. ) ON APPEAL FROM THE ) UNITED STATES DISTRICT MOHAMED MOHAMOUD ABDI, ) COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN Defendant-Appellant. ) ) ) Before: SUHRHEINRICH, LARSEN, and READLER, Circuit Judges. LARSEN, Circuit Judge. Following a string of armed robberies, a jury convicted Mohamed Abdi of nine Hobbs Act violations, see 18 U.S.C. § 1951(a), and eight counts of use of a firearm during and in relation to a crime of violence, see 18 U.S.C. § 924(c)(1)(A)(ii). The district court then sentenced Abdi to fifty-six years plus nine days in prison. On appeal, Abdi contends that a police transgression of his Fourth Amendment rights and multiple Miranda violations should have resulted in the suppression of evidence at his trial. In addition, Abdi argues that the district court erred in stacking the sentences for his eight § 924(c)(1)(A)(ii) convictions. For the reasons that follow, we AFFIRM. I. On October 18, 2017, an armed man robbed a CVS store on Mack Avenue in St. Clair Shores, Michigan. The robber displayed what appeared to be a gun in his waistband and demanded No. 19-1782, United States v. Abdi that a CVS employee put money from multiple cash registers into a plastic CVS bag. After the robber left the store, the employee quickly called 911. When police arrived just a few minutes later, the employee recounted the events and described the robber as an African American man wearing a “green hat with an S on it.” Police at the scene relayed the employee’s description over a police radio. At that time, Sergeant David Gardzella was on patrol about two miles south in neighboring Grosse Pointe Woods. Dispatch described the CVS robber over the radio as “a black male in his 30s wearing a Michigan State baseball cap” and driving a white Buick Rendezvous. Gardzella responded by driving northbound on Mack Avenue toward the CVS and soon saw a white Buick Rendezvous traveling southbound. As the vehicle passed, Gardzella “saw a black male inside with a green baseball cap” that he “associate[d] with Michigan State colors.” Gardzella quickly turned around, never lost sight of the vehicle, and followed the Buick Rendezvous into a small municipal parking lot. While Gardzella waited to receive more information from dispatch, he saw the driver—Mohamed Abdi, no longer wearing the green cap— get out of the Buick and begin to walk away. At that point, Gardzella opened his car door and ordered Abdi to stop and put his hands on his head. He told Abdi he was “going to have to check him out because he matched the description of a person in a robbery.” Gardzella asked if that was “okay.” Abdi agreed, and the sergeant patted him down for weapons. Over the next minute, Gardzella asked Abdi four questions: (1) his name, ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals