United States v. Lee

502 F.3d 691, 74 Fed. R. Serv. 617, 2007 U.S. App. LEXIS 22144, 2007 WL 2695636
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 17, 2007
Docket06-1820
StatusPublished
Cited by30 cases

This text of 502 F.3d 691 (United States v. Lee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Lee, 502 F.3d 691, 74 Fed. R. Serv. 617, 2007 U.S. App. LEXIS 22144, 2007 WL 2695636 (7th Cir. 2007).

Opinion

BAUER, Circuit Judge.

A jury found Eddie Lee guilty of possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Lee to 120 months’ imprisonment. On appeal, Lee argues that his conviction should be overturned because the district court erred in making several evidentiary rulings. He also argues that 18 U.S.C. § 922(g)(1) exceeds the scope of Congress’ authority under the Commerce Clause. For the following reasons, we affirm Lee’s conviction.

I. Background

On April 18, 2004, the Rockford Police Department received a report that multiple gunshots had been fired in the area of Garfield and Winnebago Streets at approximately 9:00 p.m. and that a white Ford Taurus was involved. Officers Michael Garnhart and Amado Soria were on patrol at approximately 2:23 a.m. on April 19, 2004 when they received a radio transmission stating that gunshots had been fired in their immediate vicinity and that a white Ford Taurus was involved. A few minutes later, they saw a white Ford Taurus and followed it until it pulled into a residential driveway at 622 Avon Street.

When the officers activated the police vehicle’s overhead emergency lights, the driver of the Taurus, later identified as Corey Francis, got out of the Taurus with a black gun in his hand and fled. Officer Soria chased Francis behind the residence. Lee got out of the passenger side of the Taurus, and Officer Garnhart ordered him to stop. When Lee turned around, Officer Garnhart saw him holding a white “do-rag,” a cloth head-covering, in one of his hands. Officer Garnhart ordered Lee to step forward and lie on the ground. Lee complied, lying face down on the ground between the sidewalk and the street. As Lee was on the ground, Officer Garnhart received a radio call from Officer Soria, who said that Francis had dropped his handgun while running behind the residence. Officer Soria recovered the gun dropped by Francis.

Meanwhile Officer Garnhart saw Francis running from behind the house and placed Lee in handcuffs and locked him in the back of the police vehicle. Officer Garn-hart then pursued Francis on foot.

Rockford Police Officer Melissa Sundly had heard the traffic stop on her police radio when Officers Garnhart and Soria initially pulled behind the Ford Taurus at 622 Avon Street. She arrived at 622 Avon Street a few minutes after the other officers and secured the Taurus, making sure that there was no one hiding in the vehicle and that there were no weapons in view. She found a spent shell casing in the passenger compartment of the vehicle but no weapons. Approximately five minutes after she had arrived at the scene, she observed two women come out of the residence at 622 Avon Street. She also observed a white do-rag on the ground near the Ford Taurus but did not notice any firearm under the do-rag.

Officer Garnhart apprehended Francis with the help of other officers and returned to 622 Avon Street approximately five minutes after locking Lee in the police vehicle. As Officer Garnhart reached down to retrieve Lee’s white do-rag, he observed a handgun on the ground partially covered by the do-rag. The gun and do-rag were in the same location where he had earlier ordered Lee to lie face down *695 on the ground. Officer Garnhart had not searched Lee or the surrounding area pri- or to placing him in the police vehicle and pursuing Francis.

After seeing the handgun underneath the do-rag, Officer Garnhart took photographs of the gun and do-rag. Officer Soria then picked up the gun, a Llama .32 caliber pistol, and removed its ammunition. Officers Garnhart and Soria searched Lee and took him to Winnebago County Jail.

At trial, the parties stipulated that Lee had been convicted of a prior felony. In addition to the testimony of Officers Garn-hart, Sundly, and Soria, the government presented the testimony of Special Agent John Richardson, an expert in the interstate nexus of firearms, who testified that the handgun recovered from beneath the do-rag had been manufactured in Spain and therefore had traveled in interstate and foreign commerce prior to its recovery in Illinois. The government presented evidence that there was gunshot residue on the cuff of the denim jacket that Lee was wearing at the time of his arrest. The government also presented the testimony of a fingerprint expert, who testified that a partial fingerprint found on the handgun was not Francis’ print but could be Lee’s, the police officers who had handled the gun, or millions of other individuals who possess similar fingerprint characteristics.

The government also called Nisheikia Foat to testify. She resided at 622 Avon Street and was pregnant with Lee’s child on the morning of Lee’s arrest. Foat testified that she walked out of her residence when the police officer had Lee on the ground. She testified that she did not see any other individuals approach the area where the gun was recovered from the time Lee was placed in the police vehicle until the time Officer Garnhart recovered the gun. Contrary to the officer’s testimony, she testified that it took about an hour from the time she went outside until she saw the police officer pick up the do-rag.

Foat also testified that she had received a letter from Lee in the summer of 2004. In the letter, Lee asked Foat to find witnesses to testify falsely that they had seen an individual other than Lee run by and throw a gun on the ground in the same location where the officers had recovered the gun.

Lee’s defense at trial was essentially that the recovered handgun did not belong to him and that he was at the wrong place at the wrong time on the morning of his arrest. He claimed that he had met Francis just a few minutes prior to his arrest and that he had been with other people the entire day. He explained to the jury that he was at a friend’s house at approximately 2:30 a.m. when he asked some women that he knew to ask Francis to give him a ride home. Lee said that Francis agreed and, that as they approached Avon Street in Francis’ white Ford Taurus, they saw a police van. Lee testified that after seeing the police, Francis started “acting panicky” and kept saying that he was ready to “high speed chase.” Lee said that he then told Francis that he wanted to get out of the car and to pull into the driveway at 622 Avon Street. Lee testified that after Francis pulled into the driveway, jumped out of the vehicle, and took off running, he got out of the vehicle and obeyed the officer’s instructions: he lay down on his stomach with his hands extended in front of him. Lee denied that he was holding a do-rag in his hands and denied that he had a gun when he got out of the Taurus.

The jury did not believe Lee’s story; they found him guilty of being a felon in possession of a firearm, and he was sentenced to 120 months’ imprisonment on March 9, 2006. This timely appeal followed.

*696 II. Discussion

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Bluebook (online)
502 F.3d 691, 74 Fed. R. Serv. 617, 2007 U.S. App. LEXIS 22144, 2007 WL 2695636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lee-ca7-2007.