November 7, 2016
from the United States District Court for the Eastern
District of Wisconsin. No. 14-CT-3 - C.N. Clevert, Jr.,
Easterbrook and Williams, Circuit Judges, and Feinerman,
District Judge. [*]
Feinerman, District Judge
jury found Michael Anglin guilty of Hobbs Act robbery,
discharging a firearm in furtherance of a crime of violence
(the Hobbs Act robbery) under 18 U.S.C. § 924(c), and
related offenses. The district court sentenced him to 230
months' imprisonment, followed by three years of
appeals, pressing three challenges. First, he contends that
the police arrested him without probable cause in violation
of the Fourth Amendment, requiring suppression of the
arrest's fruits. Second, he contends that his §
924(c) conviction was improper because Hobbs Act robbery is
not a qualifying crime of violence. Third, he contends that
his sentence is improper in various respects. Except for his
challenge to the supervised release conditions, Anglin's
arguments are without merit, so we affirm in large part and
vacate and remand only as to that component of his sentence.
December 9, 2013, three men robbed an automobile repair shop
in Milwaukee: our defendant, Michael Anglin
("Anglin"); his brother, Dave Anglin
("Dave"); and Michael Green, an associate of theirs
who at all relevant times lived at the same federal halfway
house as Dave. During the robbery, Anglin shot a repair shop
employee in the abdomen.
next day, Green turned informant. He called the federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives
("ATF"), identified himself, and reported that the
Anglin brothers were plotting to commit robberies and wanted
him to join them. ATF registered Green as a
"confidential informant" and assigned Special Agent
Rick Hankins to lead its investigation.
met with Green three days later, on December 13. Green
reported that he had befriended Dave at the halfway house and
become a trusted confidant of both Anglins. Green said that
the Anglins recently invited him to commit robberies with
them. According to Green, Dave needed cash and was impatient
to commit "any kind of robbery." Green said that he
had ridden in Anglin's SUV several times, once
accompanying the brothers to Anglin's residence. Green
also said that on December 7 or 8, the Anglins showed him two
assault rifles and a pistol inside the SUV.
informing on the Anglins, Green sought early termination of
his supervised release and/or moving expenses for his family,
but he received no promises of either. Green did not tell
Hankins about the December 9 robbery that he and the Anglins
committed. Hankins asked Green to tell the Anglins that he
knew somebody who could help identify a target, so that ATF
could insinuate an undercover agent into the group.
this initial conversation, Green provided cell phone numbers
for both Anglins, a description of Anglin's car ("a
silver or grey crossover SUV"), the general whereabouts
of Anglin's residence ("on the edge of town"),
the race and nickname of Dave's girlfriend ("a black
female named 'Star'"), and a description of her
car (a white Escalade). He also referred to the Anglins as
and his colleagues corroborated most of those details. They
discovered that the Anglins' mother was the registered
owner of a silver Acura MDX SUV and lived just inside
Milwaukee's western border. While monitoring Dave's
comings and goings at the halfway house, they saw him enter a
white Escalade registered to Starmiqua Broom. They verified
that Dave was serving a federal prison sentence for bank
robbery and that Anglin had a state felony conviction for gun
and Green met again on December 16. Green reported that the
Anglins, wary of outsiders, preferred not to add a fourth
participant and intended to select a robbery target
themselves. They also intended to act quickly; their plan was
to rob "something" within the next several days.
Green also revised one aspect of his December 13 statement:
the Anglins showed him two guns, not three, in the SUV on
December 7 or 8-an assault rifle and a pistol.
showed Green a photo of the apartment complex where the
Anglins' mother lived and a generic image of a silver
Acura MDX from the same model year as hers. Green confirmed
that the former depicted the residence he visited with the
Anglins and that the latter matched the appearance of
Anglin's SUV. Before departing, Hankins gave Green a
digital recorder to surreptitiously capture future
conversations with the Anglins.
a.m. the next morning, Hankins noticed a text message from
Green: "They trying to do something in the morning what
I do." Hankins immediately called Green. Green reported
that the Anglins had planned an armed robbery, to be carried
out by the trio sometime after 8:00 a.m., which was the
earliest that Dave and Green could leave the halfway house.
Hankins told Green to go along with the plan and keep ATF
apprised of the Anglins' movements.
and another agent went to the mother's residence. Shortly
after 8:00 a.m., they saw Anglin leave the residence and
drive off in the Acura, which was parked outside. A short
while later, Green called Hankins to report that Dave left
the halfway house just after 8:00. According to Green, the
plan was for Anglin to pick up Green at or near the halfway
house, and then meet Dave "out on the street."
Green re- layed further information about the planned
robbery: the target was a drug house somewhere near 74th
Street and Capitol Drive, about three miles from the halfway
house. Green did not know the exact address.
further reported that Dave told him to look out for a black
Dodge Charger parked near the halfway house that looked like
a "fed." Green later called Dave and told him that
the Charger appeared to be watching a different house down
the street. To be safe, the Anglins and Green changed
Green's pickup location from the halfway house itself to
the corner of Center Street and Fond du Lac Avenue, a few
blocks away. This, too, Green told the agents.
point, the team tailing Anglin lost track of him in the
Acura. Hankins, meanwhile, joined federal agents and
Milwaukee police officers in unmarked cars near the new
rendezvous point. At 8:40 a.m., Hankins observed Green
standing on the north side of Center near Fond du Lac.
Hankins contacted Green and instructed him to turn on his
a.m., the Acura approached Green from the east and pulled up
to the curb, with Anglin behind the wheel. Green got into the
passenger seat. The Acura then turned right on Fond du Lac,
heading northwest in the general direction of 74th and
Capitol. Hankins and the rest of the surveillance team
followed the Acura at an inconspicuous distance for several
minutes, but found it difficult to stay close in rush hour
traffic. Concerned about the threat to public safety that an
armed robbery might pose if the Acura eluded them, Hankins
asked city police to pull over the vehicle. A marked
Milwaukee Police Department squad car was summoned, pulled
behind the Acura, and activated its lights and sirens. Anglin
did not stop; instead, he made a U-turn and headed back
southeast on Fond du Lac. The Acura stopped only once a
second police vehicle blocked its path. Anglin and Green were
taken into custody.
approximately 10:15 a.m., police located Dave at Broom's
house and arrested him. The Acura was impounded and searched
pursuant to a warrant, yielding a nine-millimeter pistol
under the passenger seat. Agents also searched the
Anglins' mother's residence, finding a box of
ammunition among Anglin's personal effects. Over the
course of several debriefing interviews, Green admitted to
having committed other robberies while at the halfway house,
including the December 9 repair shop robbery, in which he
implicated the Anglins.
was initially charged only with being a felon in possession
of a firearm. He moved to suppress the evidence obtained as a
result of his arrest (presumably the gun found in the Acura,
though he did not specify), arguing that the officers who
pulled over the Acura lacked probable cause to arrest him.
The magistrate judge recommended suppression, and then
reaffirmed that recommendation after the district judge
requested further consideration in light of Navarette v.
California, 134 S.Ct. 1683 (2014). The district judge
rejected the magistrate judge's recommendation, holding
that there was probable cause to arrest Anglin based on
Green's tip, and denied his motion.
jury returned a five-count superseding indictment against
Anglin, charging him with: (1) Hobbs Act robbery, in
violation of 18 U.S.C. § 1951(a); (2) discharging a
firearm during a crime of violence, in violation of 18 U.S.C.
§ 924(c)(1)(A)(iii); (3) conspiracy to commit Hobbs Act
robbery; (4) being a felon in possession of a firearm; and
(5) being a felon in possession of ammunition. A jury found
Anglin guilty on all counts in April 2015. His post-trial
motions were denied-including, as relevant here, a renewed
motion to suppress and a motion to dismiss the § 924(c)
charge in light of Johnson v. United States, 135
S.Ct. 2551 (2015), which was decided after the verdict.
sentencing, Anglin faced a 120-month mandatory minimum term
on the § 924(c) count, to be followed by consecutive
sentence for the other counts, which carried an advisory
guidelines range of 110 to 137 months' imprisonment. The
government asked for a sentence at the high end of the
guidelines range (257 months in total), pointing to
Anglin's criminal record, his lack of remorse, and
lasting harms to the person he shot.
counsel sought a sentence well below the guidelines range.
Noting that during plea negotiations the two sides
memorialized an agreement that seven to ten years would be an
appropriate total sentence, he argued that the
government's 257-month recommendation penalized him for
going to trial. The district judge interjected, telling
counsel he "can rest assured that there will be no
additional punishment imposed in this case just because your
client went to trial, " and stating that he does not
"take into account any negotiations between the
government and the defendant that do not result in a
recommendation that is jointly urged upon the Court."
Defense counsel next argued that, because Anglin would be 35
years old by the time the ten-year minimum term expired, the
court should sentence him far below the guidelines range on
the remaining counts. He explained:
The 924(c) here means that you're not punishing a
25-year-old man who doesn't get it. You're punishing
a 35-year-old man. And you're punishing that 35-year-old
man each additional year. And you're saying we have no
hope for you at 36 you're gonna make it; at 37 you're
gonna do a better job; 38 I don't know if I can trust
And when this court considers what's sufficient but not
greater than necessary, what's appropriate under all the
circumstances, I'm looking at a 35-year old man. I'm
looking at someone who has just done 10 years in ...