United States v. Bilik

120 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 99251, 2015 WL 4603818
CourtDistrict Court, D. Maryland
DecidedJuly 27, 2015
DocketCriminal No. PJM 15-0137
StatusPublished

This text of 120 F. Supp. 3d 464 (United States v. Bilik) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bilik, 120 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 99251, 2015 WL 4603818 (D. Md. 2015).

Opinion

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Benjamin R. Bilik has appealed his conviction for possession of a weapon in violation of 36 C.F.R. § 2.4. following a bench trial before Magistrate Judge Thomas M. DiGirolamo. For the following reasons, the conviction is AFFIRMED.

I.

At approximately 2:45 A.M. on March 11,2014, U.S. Park Police Sgt. Daniels saw a black Chevrolet parked in a lot that was closed between midnight and 6 A.M. Daniels pulled up behind the vehicle and approached Bilik, who was the driver and sole occupant. During their conversation, Bilik told Daniels that he bought the vehicle to travel between Towson University in Baltimore, where he was a student, and his residence in Washington, D.C.

As Daniels and Bilik spoke, Daniels detected an odor of marijuana coming out of the vehicle. He asked Bilik to get out of the vehicle and, after Bilik exited, asked him “if he had any weapons or anything on him.” Bilik reached down and handed Daniels a Leatherman tool. Daniels then asked Bilik whether he had “smoked any weed” and Bilik admitted to smoking marijuana. Daniels next asked whether there was marijuana ,in the vehicle and Bilik, admitting that the vehicle contained marijuana,' directed Daniels to the rear seat. At that point; Officer Harper arrived to assist. Daniels handcuffed Bilik and searched the vehicle while Harper watched Bilik.

During his search of the vehicle, Daniels found a cylinder, a zip lock bag, a marijuana crusher, and a vaporizer inside a book bag on the rear seat. The cylinder and the zip lock bag contained marijuana.

Daniels then searched the front of the vehicle and found a set of brass knuckles in the center console. During the trial, Daniels testified that the center console was located “directly between the passenger and the driver’s seat” and was accessible by pressing a latch, lifting the armrest ■that covered the compartment area of the console: Daniels was unable to recollect where in the console he found the brass knuckles and whether there was anything else inside the console.

On March .16, 2015, the - Magistrate Judge held a bench trial, finding Bilik guilty on all counts. He concentrated his comments on the weapon charge, noting that the regulation prohibited “possession of a weapon, trap, or net” and that “[possession means exercising direct physical control or dominion with or without ownership over property.” In addition, he found that possession must be with knowledge because “[y]ou cannot really exercise dominion over something, if you don’t know it is there.”

[466]*466The Magistrate Judge found that Bilik knowingly possessed the brass knuckles because:

I can make reasonable inferences and, frankly, just apply plain common sense. The brass knuckles were found in the center console. That is an area of a vehicle generally where people do — well, first, they do have ready access to it. And that is an area of the vehicle where people do access on a regular and frequent basis, like a glove compartment. Had the brass knuckles been found like up under the wheel well, where people sometimes hide keys. Now, that is a different story, because you generally don’t go searching around there. But center consoles, armrests, you lift up, and there is an area there where people store CDs or whatnot. But it is an area which is readily accessible and an area which generally people do access on a regular basis.

Trial transcript p. 42.

Other factors, the Magistrate Judge took into consideration when he found Bilik guilty of possession of the brass knuckles were Bilik’s admission that he bought the vehicle and Bilik’s position in the driver’s seat.

The Magistrate Judge imposed an $80.00 fine on Count One (possession of paraphernalia), a $35.00 fine on Count Two (failure to obey traffic control devices and posted signs), a $135.00 fine on Count Three (controlled substance possession), and a $200.00 fine on Count Four (possession of a weapon). Bilik timely filed this appeal, but only as to his conviction on Count Four.

II.

“An appellate review conducted by a district court after a bench trial before a magistrate judge is not a trial de novo; rather, the district court utilizes the same standards of review applied by a court of appeals in assessing a district court conviction.” United States v. Bursey, 416 F.3d 301, 305 (4th Cir.2005) (citing Fed.R.Crim.P. 58(g)(2)(D)). When reviewing a conviction, the court should “assess challenges to the sufficiency of the evidence by viewing it-including all reasonable inferences to be drawn therefrom-in the light most favorable to the Government.” Id. at 305-06. “Findings of fact made by the trial court are reviewed for clear error....” Id. at 306. Accordingly, this Court, conducting appellate review, cannot substitute its opinion on whether the Government has proven its case beyond a reasonable doubt but has to defer to the Magistrate Judge’s findings of fact, except for clear error.

III.

Bilik was convicted of violating a regulation that prohibits “[possessing a weapon, trap or net.” 36 C.F.R. § 2.4. He argues that the Magistrate Judge did not have sufficient evidence to find, beyond a reasonable doubt, that he knowingly possessed the brass knuckles and that the circumstantial evidence did not rise to the level of compelling evidence required to sustain a conviction because of several other reasonable explanations for the presence of the knuckles in the center console.

Bilik argues that his actions, admitting to possessing the narcotics and the Leath-erman tool but not admitting to possessing or owning the brass knuckles, demonstrated that he was not aware of the presence of the knuckles. Although the law recognizes that possession can be actual or constructive, Bilik argues that the Government should have produced some evidence showing either that he knew the brass knuckles were inside the center console, that he touched them, that he owned them, or that anyone had seen him with them. [467]*467Moreover, he argues that the Government never produced evidence demonstrating that he was the sole and exclusive owner or user of the vehicle. See United States v. Blue, 957 F.2d 106 (4th Cir.1992).

According to Bilik, the only evidence produced by the Government, that brass knuckles were stored out of sight under a latched lid in the center console of a vehicle driven by Bilik, was insufficient to sustain the conviction. He notes that other convictions relied on more evidence. See, e.g., United States v. Branch, 537 F.3d 328 (4th Cir.2008) (finding that the defendant’s nervousness, lack of truthfulness, and the presence of drugs and cash supported a reasonable inference that he exercised control over the vehicle and was aware of its contents, including a weapon); United States v. Gallimore,

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Cite This Page — Counsel Stack

Bluebook (online)
120 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 99251, 2015 WL 4603818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bilik-mdd-2015.