United States v. Cordell Felix

Case: 16-16457 Date Filed: 11/08/2017 Page: 1 of 17 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16457 Non-Argument Calendar ________________________ D.C. Docket No. 2:15-cr-00102-SPC-CM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CORDELL FELIX, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (November 8, 2017) Before MARTIN, JULIE CARNES, and ANDERSON, Circuit Judges. PER CURIAM: Case: 16-16457 Date Filed: 11/08/2017 Page: 2 of 17 Following a bench trial on stipulated facts, Defendant Cordell Felix was convicted of possession of a firearm by a convicted felon and sentenced to 180 months’ imprisonment. He now appeals, arguing that the district court erred by denying his motion to suppress evidence found during a Terry 1 stop. He also challenges his sentence on various grounds. After careful review, we affirm. I. BACKGROUND A. Facts At approximately 12:30 AM, on June 20, 2015, Officer Nicholas Ursitti of the Fort Myers Police Department responded to a dispatch call regarding a robbery that had occurred on Palm Beach Boulevard. 2 Officer Ursitti was familiar with that neighborhood because robberies frequently occur there and the suspects often flee into the surrounding neighborhoods. The dispatch call identified the robbery suspects as two black males who appeared to be young or in their twenties, and who were last seen wearing black shirts and headed south toward Redbone’s Bar and Grill. While en route to Redbone’s, Officer Ursitti observed an individual, later identified as Defendant, who matched the description of the robbery suspects. 1 Terry v. Ohio, 392 U.S. 1 (1968). 2 The facts are taken from the testimony and evidence presented at the suppression hearing, viewed in the light most favorable to the prevailing party, which here is the Government. See United States v. Bautista-Silva, 567 F.3d 1266, 1271 (11th Cir. 2009). 2 Case: 16-16457 Date Filed: 11/08/2017 Page: 3 of 17 Specifically, he was a black male wearing a black shirt and black pants. Officer Ursitti pulled his patrol car in front of Defendant, exited his vehicle, and asked Defendant to come speak to him about the incident that had occurred on Palm Beach Boulevard. Soon after providing his ID, which showed that he resided in a neighborhood located 20 minutes away, Defendant made a phone call and began avoiding Officer Ursitti’s questions. Defendant then dropped to his knees and hunched over appearing to conceal something. Footage from Officer Ursitti’s body camera video showed Defendant squatting on the ground and talking on the phone with someone he was referring to as his mother. Officer Ursitti repeatedly told Defendant that he needed to pat him down for firearms and then Defendant could go on his way. Defendant emptied his pockets without being instructed to do so. After Defendant refused to comply with Officer Ursitti’s instruction to lift his shirt, Officer Ursitti and other officers who had arrived at the scene restrained Defendant and found a firearm in his front waistband. Officers identified Defendant as a ...

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