Steven Dewayne Barnes, Jr. v. United States
FourthAmendment SecondAmendment CriminalProcedure Privacy
Whether law enforcement can conduct a Terry stop based on subjective factors without specific evidence of criminal activity, and whether a sentencing enhancement for firearm possession constitutes impermissible double counting and violates Second Amendment rights
1. The Eleventh Circuit erred in concluding that officers had reasonable suspicion to conduct a Terry stop and frisk based on ambiguous and subjective factors, such as Petitioner’s alleged nervousness and body posture, in the absence of specific, articulable facts linking Petitioner to criminal activity. 2. The Eleventh Circuit erred in upholding the district court’s application of a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possession of a concealed firearm, thereby engaging in impermissible double counting and violating Petitioner’s Second Amendment rights under New York State Rifle & Pistol Ass’n v. Bruen , 597 US 1 (2022).