United States v. Cheeseman

600 F.3d 270, 2010 U.S. App. LEXIS 4381, 2010 WL 699550
CourtCourt of Appeals for the Third Circuit
DecidedMarch 2, 2010
Docket09-1756
StatusPublished
Cited by41 cases

This text of 600 F.3d 270 (United States v. Cheeseman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Cheeseman, 600 F.3d 270, 2010 U.S. App. LEXIS 4381, 2010 WL 699550 (3d Cir. 2010).

Opinions

OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellant, James L. Cheeseman, pled guilty to violating 18 U.S.C. § 922(g)(3), which criminalizes possession of firearms and ammunition by an unlawful user or addict of a controlled substance. He appeals from the District Court’s judgment directing the forfeiture of over 600 firearms and ammunition enumerated in Count I of the indictment to which he pled guilty. .Cheeseman raises two arguments on appeal. He first contends that forfeiture pursuant to 18 U.S.C. § 924(d)(1) was improper because the property was neither “involved in” nor “used in” a knowing violation of 18 U.S.C. § 922(g)(3). Alternatively, Cheeseman argues that forfeiture of his property violates the Excessive Fines Clause of the Eighth Amendment. Because we find that the firearms and ammunition specifically identified in Count I of the indictment were involved in Appellant’s § 922(g)(3) violation, and because we conclude that the forfeiture of Cheese-man’s property was not grossly disproportionate to the gravity of the § 922(g)(3) offense, we will affirm the District Court’s Order of Forfeiture.

I. Background1

From 1994 through August 2007, Cheeseman was the owner and sole propri[273]*273etor of X-Ring Supply, a sporting goods and firearms store located in Newark, Delaware. The federal firearms license (“FFL”) for X-Ring was held in Cheese-man’s name. X-Ring maintained an inventory of approximately 600 firearms. The premises included a separate warehouse located next to the store.

Cheeseman’s drug abuse began in 2003 after his wife ended their marriage. Between 2005 and 2007, as his crack cocaine addiction worsened, Cheeseman converted X-Ring’s warehouse into his home, storing inside it an air mattress, sleeping bag and bedding. The District Court found that fellow crack cocaine abusers occasionally stayed with Cheeseman in the warehouse and that he occasionally turned off X-Ring’s security system. Although Cheese-man argues to the contrary, the District Court found that ammunition and gun boxes were stored in the warehouse.

In 2005, Cheeseman completed a renewal application for his FFL, on which he indicated that he did not unlawfully use narcotics. Answering this question falsely subjects an applicant to 18 U.S.C. § 924(d) penalties. Because of Cheeseman’s erratic behavior due to his severe drug habit, his sister Nancy Macknatt assumed power of attorney over her brother and began to manage X-Ring’s daily operations. Accordingly, Cheeseman’s presence in the store was “sporadic and unpredictable.” Cheeseman, 593 F.Supp.2d at 685. Nonetheless, employees found crack pipes on X-Ring’s premises on at least three separate occasions.

A.

The incident prompting this case occurred on August 5, 2007, when Delaware police officers observed a woman urinating in the parking lot of a pharmacy. The woman was Cheeseman’s companion. After the police officers found drugs on her person, Cheeseman consented to a pat down, during which officers located a crack pipe and crack cocaine. A subsequent search of his vehicle revealed a second crack pipe and additional crack cocaine. Cheeseman told the police officers that he abused drugs and had recently returned from a rehabilitation facility.

Shortly thereafter, federal agents executed a search warrant at X-Ring and seized approximately 609 guns and ammunition; an estimated sixty-seven of the firearms were identified as comprising Cheeseman’s personal collection. Some of the seized weapons were antique firearms. In the warehouse, agents recovered a crack pipe, a mirror with cocaine residue, a burnt spoon with cutting residue, an ashtray with white residue, ammunition, a butane torch and a scale with white residue. Consequently, a federal grand jury returned a three-count indictment against Cheeseman with notice of forfeiture, accusing him of: (1) possession of a firearm by an unlawful drug user in violation of 18 U.S.C. § 922(g)(3); (2) possession of more than five grams of crack cocaine in violation of 21 U.S.C. § 844(a); and (3) distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1).

Relevant to this appeal, § 922(g)(3) makes it unlawful for any person “who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act ...) ... to ... possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. § 922(g)(3). Count One of the indictment identified individually the 609 [274]*274firearms and a quantity of ammunition that Cheeseman was accused of illegally possessing. In December 2007, Cheese-man divested himself of all of his interest in X-Ring, selling it to Macknatt and to his other sister, Pamela Rhoades.2

B.

In February 2008, Cheeseman pled guilty to violating § 922(g)(3). In his plea agreement he admitted that:

[I]f there were a trial, the Government would have to prove three elements of the offense: (1) that from on or about August 5, 2007, through August 14, 2007, the defendant possessed a firearm or ammunition; (2) that the defendant was a regular user of, or addicted to, a controlled substance during a period of time proximate to or contemporaneous with the possession of the fireai’m or ammunition; and (3) the above-described firearm affected interstate commerce. The defendant knowingly, voluntarily, and intelligently admits for purposes of his guilty plea and sentencing that, from on or about August 5, 2007, through August 14, 2007: (a) he actually and constructively possessed the firearms and ammunition set forth in [Count One] of the indictment; (b) he was a regular unlawful user of, and addicted to, cocaine base; and (c) the firearms and ammunition at issue affected interstate commerce.

Cheeseman, 593 F.Supp.2d at 683 (internal quotation marks & citation omitted). The District Court delayed sentencing in order to hold a forfeiture hearing to determine whether the firearms and ammunition specifically enumerated in Count One of the indictment were forfeitable pursuant to § 924(d)(1), and if so, whether forfeiture would violate the Excessive Fines Clause of the Eighth Amendment.

Section 924 is the penalty provision of the Gun Control Act of 1968 (“Gun Control Act”). Section 924(d)(1) provides that “any firearm or ammunition involved in or used in any knowing violation of subsection ... (g) ... of section 922 ... shall be subject to seizure and forfeiture.” Section 924(d)(2)(c) mandates that “[o]nly those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter ... shall be subject to seizure, forfeiture, and disposition.” Pursuant to 26 U.S.C.

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Bluebook (online)
600 F.3d 270, 2010 U.S. App. LEXIS 4381, 2010 WL 699550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cheeseman-ca3-2010.