United States v. Mark Leroy Sparks

Mark Leroy Sparks was convicted and sentenced following a bench trial. We must decide whether his prior criminal record qualifies him as an Armed Career Criminal. This is contingent on whether either a prior attempted burglary or a theft from storage lockers qualifies as a violent felony under 18 U.S.C. § 924 (e). In respect to his current conviction, Sparks claims that the search of the car and his bag violated his Fourth Amendment rights. We affirm in part, reverse in part, and remand for resentencing.

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A. Facts

Mark Leroy Sparks (“Sparks”) was accused of stealing two guns belonging to Raymond Fox (“Fox”) in the early morning hours of March 28, 1999. Sparks was indicted on one count of being a felon and a career criminal in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e), and on a second count of stealing a firearm, in violation of 18 U.S.C. § 924 (i).

The facts read like the plot of a mystery novel. Fox returned to his home in Nena-na, Alaska, after spending several hours in a local bar. He discovered that someone had forced open a front window and entered his home. A quick search of the house revealed that a black bag containing two handguns…