United States v. Cameron Braswell

516 F. App'x 572
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 5, 2013
Docket11-6118
StatusUnpublished
Cited by3 cases

This text of 516 F. App'x 572 (United States v. Cameron Braswell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cameron Braswell, 516 F. App'x 572 (6th Cir. 2013).

Opinion

GRIFFIN, Circuit Judge.

Defendant Cameron Braswell appeals his convictions by a jury of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possession with intent to distribute cocaine, ecstasy, and marijuana, in violation of 21 U.S.C. § 841(a)(1). Specifically, he challenges whether the trial evidence sufficiently established the possession element of these offenses. For the reasons set forth below, Braswell’s claims are without merit, and we therefore affirm.

I.

On February 12, 2010, Officer Mario McNeal of the Memphis Police Department obtained a search warrant for Bras-well’s residence located in apartment number three at the Southern Place apartment complex in Memphis, Tennessee. Before obtaining the search warrant, McNeal and Officer David Miller deployed a confidential informant to purchase controlled substances from Braswell. During these purchases, the officers not only directly observed Braswell engage in “hand-to-hand” drug transactions, but also observed him coming and going from apartment number three at the Southern Place complex.

With the assistance of Officer Jonathan Overly, McNeal and Miller executed the search warrant for Braswell’s residence at approximately 10:00 p.m. on February 12, 2010. Upon entry, the officers smelled a strong odor of marijuana and saw an individual named Eric Thacker sitting in the living room. After detaining Thacker, officers located Braswell’s girlfriend, Karman Davis, and her son in the guest bedroom. The officers found Braswell hiding in the master bedroom closet.

As the officers removed Braswell from the closet, they noticed a torn bag containing ecstasy pills in the corner of the closet, as well as numerous ecstasy pills scattered on the closet floor. They also found five small bags of cocaine on the closet floor. The officers further discovered a hole in the closet wall. Suspecting that Braswell was attempting to hide other contraband in that hole, the officers removed portions of the wall and recovered two large bags of cocaine and nine small bags of marijuana. The officers additionally recovered ten small bags of cocaine and approximately $1,600 in cash from Braswell’s pockets. Because the officers’ presence agitated Braswell, they escorted him to the squad car while the search of the apartment continued.

The completed search produced the following additional items: (1) seven small bags of marijuana in the kitchen; (2) two digital scales with cocaine and marijuana residue in the kitchen; (3) plastic bags consistent with drug distribution; (4) a drug ledger with amounts owed for drugs; (5) approximately $1,700 in cash in a jacket pocket; (6) a cellular telephone with text messages related to drug distribution; and (7) a loaded .9mm handgun under the cushion of a chair in the living room. In total, the officers recovered approximately 60.41 grams of marijuana, 75.82 grams of powder cocaine, and 51 ecstasy pills.

After waiving his Miranda rights, Bras-well gave a written statement about the *574 handgun. He specifically admitted that he was in possession of the firearm because it was “in the house.” He also said that the firearm was probably loaded and that Davis had purchased it from Braswell’s “homeboy G Unit” for $150.

While being questioned about the handgun, Braswell made statements about the drugs. He admitted,“[t]hose are my drugs but just don’t — don’t let me get that gun.” Braswell freely stated that he would “take the charge of everything but the gun.” Braswell then offered to work as an informant in exchange for not being charged for possession of the firearm.

On May 25, 2010, a federal grand jury returned a four-count indictment against Braswell, charging him with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and three counts of possession with intent to distribute cocaine, ecstasy, and marijuana, in violation of 21 U.S.C. § 841(a)(1). At trial, Officers McNeal, Miller, and Overly testified as fact witnesses. The government also offered opinion testimony that: (1) the contraband recovered was consistent with drug distribution; (2) the substances found were, in fact, cocaine, marijuana, and ecstasy; and (3) the loaded handgun had traveled through interstate commerce. Additionally, the government presented two recorded phones calls that Braswell made from jail shortly after his arrest in which he stated multiple times that the drugs and handgun seized during the search belonged to him.

At the close of the government’s proofs, Braswell made a motion for a judgment of acquittal on all counts under Rule 29 of the Federal Rules of Criminal Procedure. The district court denied the motion and submitted the case to the jury after Bras-well announced his intention not to testify or present any counterproof. The jury returned a verdict of guilty on all counts. Braswell timely appealed the district court’s denial of his Rule 29 motion.

II.

A.

“We review de novo the district court’s denial of a motion for judgment of acquittal pursuant to Fed.R.Crim.P. 29 and assess the evidence in the light most favorable to the prosecution to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Wettstain, 618 F.3d 577, 583 (6th Cir.2010) (internal quotation marks, footnote, and citation omitted). We draw “all reasonable inferences in support of the jury’s verdict” and will reverse a judgment for insufficient evidence “only if the judgment is not supported by substantial and competent evidence upon the record as a whole.” Id.

Braswell’s sole argument on appeal is that no rational jury could have found that he possessed either the handgun or the drugs found during the search. The standard for possession is the same under 18 U.S.C. § 922(g)(1) and 21 U.S.C. § 841(a)(1). United States v. Hunter, 558 F.3d 495, 504 (6th Cir.2009). Proof of either “actual” or “constructive” possession is sufficient under both statutes. Id. Actual possession exists when an individual knowingly has direct physical control over the contraband at a given time. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
516 F. App'x 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cameron-braswell-ca6-2013.