Justia Criminal Law Opinion Summaries

Derrecol Jennings was pulled over by St. Louis police officers for having improperly registered plates. A record check revealed active municipal arrest warrants and past felony convictions. Jennings informed officers of a gun under the middle seat, and they found a loaded semiautomatic pistol and magazines with ammunition. Jennings was indicted on one charge of illegally possessing a firearm. He entered a plea agreement, agreeing to plead guilty in exchange for a joint recommendation of 40 months’ imprisonment.The United States District Court for the Eastern District of Missouri sentenced Jennings to 54 months’ imprisonment, despite the joint recommendation. Jennings argued that the government breached the plea agreement by informing the court of a mistake in calculating his criminal history score and that his sentence was substantively unreasonable.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found that the government did not breach the plea agreement. The government had made the promised recommendation for 40 months’ imprisonment and only mentioned the miscalculation in response to the court’s skepticism. The court also found that Jennings’s 54-month sentence was substantively reasonable. The district court had adequately considered the relevant factors under 18 U.S.C. § 3553(a) and provided a sufficient explanation for the sentence, emphasizing Jennings’s pattern of legal violations and the need to promote respect for the law.The Eighth Circuit affirmed the 54-month sentence imposed by the district court. View "United States v. Jennings" on Justia Law

In 2022, Theodore Watkins, Jr. approached an elderly woman's home, offering to mow her lawn. After she declined, he returned with a handgun, forced his way inside, and demanded money. He took $40 from her purse and searched the house for valuables while holding her at gunpoint. A neighbor witnessed the forced entry and called the police. When officers arrived, Watkins tried to cover up his crime by instructing the homeowner to lie about his presence. The homeowner heard a noise from the furnace vent and suspected Watkins had hidden the gun there. Police later found the firearm in the furnace.The United States District Court for the Western District of Missouri admitted testimony from Sergeant Jeff Pagel, who had discovered the firearm. Watkins objected to this testimony, claiming it was unnoticed expert testimony. The district court overruled the objection, and the jury convicted Watkins of unlawfully possessing a firearm as a felon. He was sentenced to 120 months in prison.The United States Court of Appeals for the Eighth Circuit reviewed the case. Watkins argued that the district court erred in admitting Sergeant Pagel's testimony and that his trial counsel was ineffective for not seeking a continuance. The Eighth Circuit found that Sergeant Pagel's testimony was proper lay opinion based on his firsthand knowledge and personal experience, not requiring expert disclosure. The court also declined to review the ineffective assistance of counsel claim, as the record was not fully developed for such a review. Consequently, the Eighth Circuit affirmed Watkins's conviction. View "United States v. Watkins" on Justia Law

Edrick Denorris Ellis was stopped by Arkansas State Trooper Dean Pitchford for a hanging taillight. Ellis, a passenger, fled and was pursued by Trooper Cleyton McDonald. During the chase, Ellis threw an object over a fence, which was later found to be a 9mm handgun. Ellis was charged with being a felon in possession of a firearm. At trial, multiple troopers testified, and dashboard camera footage was presented showing Ellis tossing an object. The jury found Ellis guilty.The United States District Court for the Eastern District of Arkansas sentenced Ellis to 120 months’ imprisonment and 2 years of supervised release. Ellis appealed, challenging the sufficiency of the evidence and the classification of his prior Arkansas robbery convictions as crimes of violence under the Sentencing Guidelines.The United States Court of Appeals for the Eighth Circuit reviewed the sufficiency of the evidence de novo, affirming the conviction. The court found that the evidence, including the dashboard camera footage, was sufficient for a reasonable jury to conclude that Ellis knowingly possessed the firearm. The court also reviewed the classification of Ellis' prior robbery convictions for plain error, as Ellis did not raise this argument in the lower court. The court held that Arkansas robbery qualifies as a crime of violence under the enumerated offenses clause of the Sentencing Guidelines, referencing previous decisions that align Arkansas robbery with generic robbery. The court concluded that there was no error in the district court's calculation of Ellis' Sentencing Guidelines range or the sentence imposed. The judgment of the district court was affirmed. View "United States v. Ellis" on Justia Law

Larry Bradley was convicted of four gun offenses related to the fatal shooting of Thomas Willett. Bradley admitted to shooting Willett but claimed it was in self-defense as Willett allegedly came at him with a hatchet. Bradley was charged with being a felon in possession of a firearm, stealing a firearm, possession of a stolen firearm, and receiving a firearm while under indictment. He was convicted on all counts.The United States District Court for the Western District of Missouri initially applied the United States Sentencing Guidelines (USSG) cross-reference for voluntary manslaughter, rejecting Bradley's self-defense claim. The court considered witness testimony and the Presentence Investigation Report (PSR), which contained conflicting accounts of the incident. The court found the testimony of Dena Bunger, a witness to the shooting, credible and determined that Bradley did not act in self-defense. Bradley was sentenced to 120 months' imprisonment.Bradley appealed, arguing that the district court erred in applying the cross-reference and that Counts 2 and 3 were multiplicitous. The Government agreed that it had erroneously described Bunger’s testimony and that Counts 2 and 3 were multiplicitous. The United States Court of Appeals for the Eighth Circuit vacated and remanded the case. On remand, the district court dismissed Count 3 and reaffirmed the application of the voluntary manslaughter cross-reference, sentencing Bradley to 108 months' imprisonment.The United States Court of Appeals for the Eighth Circuit reviewed the case and found no clear error in the district court’s factual findings. The court affirmed the district court’s application of the voluntary manslaughter cross-reference, noting that the district court’s credibility determinations and inferences from the evidence were entitled to deference. The judgment of the district court was affirmed. View "United States v. Bradley" on Justia Law

Kyle Syphax was sentenced to 84 months in prison after pleading guilty to possession of a firearm by a felon, violating 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 924(a)(8). He contested the calculation of his criminal history score, which was based on his prior convictions.The United States District Court for the Eastern District of Missouri calculated Syphax's criminal history score by assigning three points for each of his three state felony cases, resulting in a subtotal of 13 criminal history points. This calculation included points for committing the federal offense while on probation. Syphax argued that his criminal history score should be lower, asserting that only one of his prior sentences should receive three points, while the others should receive one point each, resulting in a total of 10 points.The United States Court of Appeals for the Eighth Circuit reviewed the district court's interpretation of the sentencing guidelines de novo and its factual findings for clear error. The court found that the district court correctly calculated Syphax's criminal history score. The court determined that Note 11 to Section 4A1.2 of the sentencing guidelines, which Syphax relied on, did not apply because the state court had ordered three separate revocations for his three state felony cases. The court concluded that each case should receive three points, as the state court revoked probation and ordered prison sentences in separate cases.The Eighth Circuit affirmed the district court's judgment, upholding Syphax's 84-month prison sentence. View "United States v. Syphax" on Justia Law

Charles Hamber was convicted by a jury of being a felon in possession of a firearm after a pistol was found on him during a traffic stop. The incident occurred when Officer William Ware responded to a call about a truck idling at a gas station for over two hours. Upon arrival, Officer Ware found Hamber asleep in the truck. After waking him, Hamber provided his driver's license, and a check revealed he was potentially a convicted felon. Officer Ware asked Hamber to step out of the vehicle and, after obtaining consent, conducted a pat-down search, finding a loaded pistol and a knife. Hamber was arrested and charged.In the United States District Court for the Eastern District of Missouri, Hamber moved to suppress the pistol, arguing it was obtained through an unlawful stop and search. The magistrate judge recommended denying the motion, finding that Officer Ware had reasonable suspicion to search Hamber and that Hamber had voluntarily consented to the search. The district court adopted this recommendation, and Hamber was convicted following a jury trial.The United States Court of Appeals for the Eighth Circuit reviewed the case. Hamber conceded that the initial stop was lawful and did not challenge the voluntary nature of his consent to the search. The primary issue on appeal was whether Officer Ware unlawfully extended the stop after determining Hamber's license was valid. The court held that Officer Ware had reasonable suspicion to extend the stop to ensure Hamber was fit to drive, given the circumstances of finding him asleep at the wheel in an area known for narcotic use. The court concluded that the stop did not end until after Hamber consented to the search and the pistol was found. The court affirmed the district court's denial of the motion to suppress and upheld Hamber's conviction. View "United States v. Hamber" on Justia Law

LaVance LeMarr Cooper was found guilty of being a drug user in possession of a firearm after officers discovered a Glock 20 pistol in his car during a traffic stop. Cooper admitted to smoking marijuana three to four times a week, including two days before the traffic stop. He was sentenced to 37 months in prison by the United States District Court for the Northern District of Iowa.The district court, referencing the case United States v. Veasley, acknowledged that as-applied challenges to the drug-user-in-possession statute are available but concluded that Congress's decision to disarm drug users as a class left no room for individual assessments. Cooper argued that his prosecution under 18 U.S.C. § 922(g)(3) violated the Second Amendment, but the district court disagreed, maintaining that the statute applied categorically to all drug users.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court held that while keeping firearms out of the hands of drug users does not always violate the Second Amendment, it can in certain circumstances. The court emphasized that historical analogues, such as the confinement of the mentally ill and going-armed laws, support disarmament only when the individual poses a danger to others. The court found that the district court erred in not considering whether Cooper's marijuana use made him dangerous or induced terror.The Eighth Circuit vacated the district court's judgment and remanded the case for a reexamination of Cooper's motion to dismiss the indictment, instructing the lower court to determine whether Cooper's specific circumstances justified disarmament under the Second Amendment. View "United States v. Cooper" on Justia Law

Keshon Baxter was charged with being an unlawful user of a controlled substance in possession of a firearm. In May 2023, police encountered Baxter in Des Moines, Iowa, and found a loaded pistol and a baggie of marijuana on him. Baxter moved to dismiss the charge, arguing that the statute under which he was charged, 18 U.S.C. § 922(g)(3), violated the Second Amendment as applied to him and was unconstitutionally vague. The district court denied his motion without a hearing, and Baxter entered a conditional guilty plea, preserving his right to appeal.The United States District Court for the Southern District of Iowa rejected Baxter's arguments. The court found that the government had shown adequate historical analogues to reject the Second Amendment challenge and that Baxter had not demonstrated that the statute was vague as applied to his conduct. Baxter then appealed these rulings.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found that the district court did not make sufficient factual findings regarding Baxter's drug use and its overlap with his firearm possession to properly address the as-applied Second Amendment challenge. Therefore, the appellate court remanded the case to the district court for the necessary factual findings. The appellate court affirmed the district court's rejection of Baxter's vagueness challenge, noting that Baxter had not shown that the term "unlawful user" was vague as applied to his conduct. The court also affirmed the rejection of any facial Second Amendment challenge, as it was foreclosed by precedent.In conclusion, the Eighth Circuit affirmed the district court's decision on the vagueness and facial Second Amendment challenges, reversed the ruling on the as-applied Second Amendment challenge, and remanded for further proceedings. View "United States v. Baxter" on Justia Law

Wesley T. Vavra was charged with one count of attempted coercion and enticement of a minor after he arrived at a meeting place with items intended for a minor, believing he was meeting a father and his 8-year-old daughter, "Emma." The "father" was an undercover officer, and "Emma" did not exist. Vavra had engaged in explicit communications with the officer, expressing interest in meeting and engaging in sexual activities with the fictitious child.The United States District Court for the District of Nebraska held a jury trial, during which Vavra's motion for a judgment of acquittal was denied. The jury found Vavra guilty, and the district court sentenced him to 235 months in prison. Vavra appealed the conviction and sentence, arguing insufficient evidence and entrapment.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that a reasonable jury could find Vavra guilty of attempted coercion and enticement of a minor, as he took substantial steps toward committing the crime, including reinitiating contact and planning a meeting. The court also found that Vavra was not entrapped, as he showed predisposition and was not coerced by the undercover officer. The court affirmed the district court's denial of Vavra's motion for a judgment of acquittal.Regarding the sentence, the Eighth Circuit reviewed for procedural and substantive reasonableness. The court found no procedural errors and held that the district court did not abuse its discretion in sentencing Vavra to 235 months, considering the nature of the offense and Vavra's actions. The court affirmed the judgment, concluding that the sentence was reasonable and appropriate given the circumstances. View "United States v. Vavra" on Justia Law

Deshonte Antwon Dickson was charged with conspiracy to distribute heroin and methamphetamine. At his trial, witnesses testified that Dickson supplied methamphetamine and heroin from California to North Dakota. The jury convicted him of conspiring to distribute heroin and between 50 and 500 grams of methamphetamine. The Presentence Investigation Report (PSR) calculated a base offense level of 26, resulting in an advisory guidelines range of 63 to 78 months imprisonment. However, the district court varied upward and sentenced Dickson to 120 months, finding him to be an essential participant in the conspiracy.The United States District Court for the District of North Dakota initially sentenced Dickson to 120 months imprisonment, but the Eighth Circuit Court of Appeals remanded for resentencing due to procedural errors. The district court had varied upward from the guidelines range without providing adequate notice. On remand, the district court gave notice of its intent to vary upward again and reimposed the 120-month sentence, citing Dickson's significant role in the conspiracy.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found no procedural error in the district court's resentencing, as it had provided proper notice and based its decision on the trial evidence. The court also found the sentence substantively reasonable, noting that the district court had considered the statutory sentencing factors and the nature of Dickson's involvement in the conspiracy. The Eighth Circuit affirmed the district court's judgment, upholding the 120-month sentence. View "United States v. Dickson" on Justia Law