United States v. David Griffith

786 F.3d 1098, 2015 U.S. App. LEXIS 8607, 2015 WL 3378290
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 26, 2015
Docket14-1976
StatusPublished
Cited by21 cases

This text of 786 F.3d 1098 (United States v. David Griffith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. David Griffith, 786 F.3d 1098, 2015 U.S. App. LEXIS 8607, 2015 WL 3378290 (8th Cir. 2015).

Opinion

MELLOY, Circuit Judge.

Police found shotgun parts in a car Appellant David Griffith was driving. A jury convicted Griffith for illegally possessing a firearm as a felon. Griffith asks us to reverse his conviction, asserting the Government did not produce sufficient evidence to show he had knowledge of the .firearm in the car. In the alternative, Griffith seeks a new trial because he contends the district court 1 improperly instructed the jury regarding possession.Because there was sufficient evidence of knowledge and because the district court did not improperly instruct the jury, we affirm.

I

David Griffith is a convicted felon, so he is ineligible to possess a firearm. See 18 U.S.C. § 922(g). At trial, the jury heard the following description of a burglary that took place on June 5, 2013, in Stewartville, Minnesota.

The victim’s neighbor noticed someone taking items from the victim’s home. The neighbor saw a bald man wearing a red shirt and jeans place a TV and what appeared to be a firearm in the back of a car. The neighbor later identified the man as David Griffith. The neighbor noticed Griffith appeared to be talking to someone else, but the neighbor did not see another person at the victim’s home. The neighbor called the victim’s work to determine whether the victim knew of Griffith’s presence.

The victim believed a crime was taking place. The neighbor gave the victim the license plate number of the car Griffith was driving and told him that the car looked a bit like a silver Toyota Prius. The victim left work and called police, informing them of the burglary and giving the license plate number.

Police arrived at the scene and spoke to the neighbor. The neighbor described Griffith, his clothes, and the car he was driving. The neighbor also told police the-license plate number. Police at the scene relayed those details to other officers and asked officers to stop the car if anyone saw it. Based on the neighbor’s description, one of the officers on the scene believed the car may have been a Dodge Caliber, so the officer relayed that detail to dispatch.

When the victim arrived home, he saw that someone had kicked in his door, and he followed police inside. The victim immediately noticed that someone had taken his TV. The victim then led police to a spare bedroom where he kept a gun safe. There, the victim noticed that two shotguns, a rifle, and some cash were missing from the safe. The victim told police that one of the shotguns did not have a,barrel on it at the time it was stolen.

Officers performed a records check on the license plate number and began scouting the area in which the suspect car was registered. A little more than 20 minutes after the on-scene officer radioed to other officers, another officer noticed a Dodge Caliber and began following it. The license plate matched the one reported by the neighbor and the victim, so the officer followed the Caliber into a gas station. Once backup arrived, the officer arrested *1101 Griffith — who was wearing a red shirt and jeans. Griffith had two $100 bills in his pocket. A police sergeant looked in the hatchback portion of the car, and despite a cover pulled tightly over the area, he saw an Insignia brand TV and what appeared to be a shotgun receiver. 2 At trial, police testified the average time to travel from the victim’s home to the gas station at which Griffith was stopped was around 18 minutes 40 seconds’.

The police impounded the vehicle and obtained a search warrant. They executed the warrant the next day and found the victim’s shotgun receiver and television.

A grand jury indicted Griffith for unlawfully possessing a firearm under 18 U.S.C. § 922(g). Griffith pleaded not guilty and went to trial. At trial, the Government adduced evidence that demonstrated the facts above.

During closing argument, the Government argued Griffith had stolen items from the victim’s home along with an unknown accomplice. The Government argued Griffith possessed only one shotgun because the unknown accomplice had taken a portion of the loot, which included the two guns with barrels. The Government asserted “[i]t seems obvious where [the other guns] went. They’re with the defendant’s accomplice .■... They are his partner’s share of the take from that burglary.” To prove Griffith’s knowledge, the Government relied on the neighbor’s testimony that the neighbor saw Griffith with a firearm.

Griffith’s attorney attempted to downplay Griffith’s involvement in the burglary. She admitted that Griffith had participated in the burglary and that Griffith had stolen the TV. She attacked the neighbor’s testimony and tried to convince the jury that Griffith did not know of the guns. She emphasized that Griffith’s accomplice must have taken the guns from the home and placed the shotgun receiver in Griffith’s car without Griffith’s knowledge.

After closing arguments, the district court told the jury the Government had to prove beyond a reasonable doubt that Griffith knowingly possessed the firearm. It explained that possession could be actual or constructive. At the end of its discussion regarding possession, over Griffith’s objection, the district court modified an Eighth Circuit model jury instruction and told the jury, “To prove possession, the government is not required to prove that the defendant owned the firearm. Ownership is immaterial. Even brief possession may be the basis for a conviction of possessing a firearm.” It then discussed the term “knowingly.” The jury found Griffith guilty.

Griffith moved for a judgment of acquittal, but the district court denied his motion. Griffith appeals, asserting that we should grant a new trial because the district court improperly instructed the jury and that we should reverse his conviction because the Government failed to present sufficient evidence that he had knowledge of the shotgun receiver in the car he was driving.

II

With respect to the possession instruction, Griffith does not claim the district court misstated the law. Rather, he asserts the district court’s instruction to the jury that “[e]ven brief possession may be the basis for a conviction of possessing a firearm” lessened the government’s burden of proof in the case.

*1102 Griffith’s defense strategy was to admit he took part in the burglary but to deny he knew of the shotgun receiver. Part of Griffith’s argument relied on the short time between the burglary and the police stop. As Griffith explains in his appellate brief, “The whole question in the case boils down to whether [Griffith’s] brief proximity to the firearm was a meaningful circumstance in support of the government’s burden of proof.” He contends the jury may have confused the district court’s instruction regarding brief possession and instead believed that brief proximity to the firearm may have been sufficient for a conviction. Due to the possible confusion, Griffith asserts the district court abused its discretion by including the challenged instruction.

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Bluebook (online)
786 F.3d 1098, 2015 U.S. App. LEXIS 8607, 2015 WL 3378290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-griffith-ca8-2015.