United States v. Littlejohn, Andrew

489 F.3d 1335, 376 U.S. App. D.C. 499, 2007 U.S. App. LEXIS 14358, 2007 WL 1745310
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 19, 2007
Docket05-3081
StatusPublished
Cited by31 cases

This text of 489 F.3d 1335 (United States v. Littlejohn, Andrew) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Littlejohn, Andrew, 489 F.3d 1335, 376 U.S. App. D.C. 499, 2007 U.S. App. LEXIS 14358, 2007 WL 1745310 (D.C. Cir. 2007).

Opinions

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge SENTELLE.

TATEL, Circuit Judge.

After United States Park Police officers, pursuant to a warranted search, discovered a handgun in the home appellant shared with his mother and brother, a jury convicted him of unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g). Appellant challenges his conviction, arguing that (1) the government produced insufficient evidence that he constructively possessed the weapon, (2) the district court erred by admitting evidence that appellant was the target of the warrant, and (3) the district court’s use of compound voir dire questions deprived him of his Sixth Amendment right to an impartial jury. Although we find the evidence sufficient to establish constructive possession and see no abuse of discretion regarding the evidentiary ruling, we agree with appellant that under the particular circumstances of this case the district court’s use of compound questions violated the Sixth Amendment. We therefore vacate appellant’s conviction and remand for further proceedings consistent with this opinion.

I.

Shortly after 7 a.m. on October 1, 2003, several uniformed U.S. Park Police officers executed a search warrant at a home at 457 Burbank Street, S.E. Residing in the house were Mary Littlejohn, who owned the home, and her son, Appellant Andrew Littlejohn. Although Andrew’s brother, Wildred Littlejohn, lived in a nearby college dormitory, he returned home frequently. On this morning, however, only Andrew Littlejohn was home.

Upon arrival, Officer Mark Adamchik, dressed in a SWAT team uniform, knocked on the door while his partner announced their presence. At trial, Adamchik testified that he saw Andrew Littlejohn peek through the blinds in the door window, whereupon his partner announced, “Police with a search warrant, open the door.” Nov. 17, 2004 Trial Tr. at 70-71. Instead of complying, Littlejohn urged the officers to “Hold on a second” or “Hold on a minute.” Id. at 71. Littlejohn then disappeared behind the blinds, and after a few seconds of silence, the SWAT team broke down the door with a battering ram. Adamchik entered the house and ascended the stairs to the second floor.

Understanding the issues before us requires an accurate picture of the second floor. A hallway runs perpendicular to the top of the stairs. To the right of the stairs are two doors, one leading to Mary Little-john’s bedroom and the other to a bathroom. To the left of the stairs are two more doors. One of those doors, at the end of the hall, leads to what witnesses referred to as the “left rear bedroom.” The other door, leading to the “right rear bedroom,” is along the hallway and near the door to the left rear bedroom.

Officer Adamchik testified that as he climbed the stairs, he looked through the railing and saw Andrew Littlejohn six to twelve inches outside the door to the left [1338]*1338rear bedroom “moving in a hurried manner” down the hall towards the bathroom. Id. at 74. Adamchik ordered Littlejohn to “get on the ground” and Littlejohn complied. Id. at 75.

With Littlejohn secured, other officers began searching the house. In the left rear bedroom, they noticed a laundry basket approximately four to five feet from the door. Inside the basket and beneath clothes and sheets, the officers discovered a loaded 9-millimeter semi-automatic pistol. No fingerprints were recovered from the weapon or the rounds inside it. Also in the left rear bedroom, the officers found two pieces of mail addressed to Andrew Littlejohn and two career training certificates in his name. The officers discovered other documents bearing Andrew Little-john’s name in the right rear bedroom (including his high school diploma) as well as throughout the rest of the house. On cross-examination, Investigator David Hurley, the officer in charge of collecting evidence, testified that although he saw documents with Wildred’s name on them, he seized only documents bearing Andrew’s name.

After waiving his Miranda rights, Litt-lejohn admitted to Investigator Hurley that he lived in his mother’s home. Although Littlejohn told Hurley that the bedroom “on the left” was his, he subsequently “clarified” that he meant the right rear bedroom. Nov. 16, 2004 Trial Tr. at 147; Nov. 17, 2004 Trial Tr. at 29. Little-john also told Hurley that his brother Wil-dred had last been in the house three days earlier.

The defense presented a single witness, Mary Littlejohn. She testified that Andrew lived in the right rear bedroom, while the left rear bedroom, where the gun was found, belonged to Wildred. She also testified that Wildred used the basket containing the gun to carry his laundry to and from school.

Following a trial on the only contested question — whether Littlejohn constructively possessed the weapon — the jury convicted him of unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g). Littlejohn appeals, presenting three claims. First, he challenges the sufficiency of the evidence against him. Second, he contests an evidentiary ruling in which the district court permitted Investigator Hurley to identify Littlejohn as the subject of the warrant. Third, he argues that the district court’s use of compound voir dire questions deprived him of his Sixth Amendment right to an impartial jury. We consider each claim in turn.

II.

We review challenges to the sufficiency of the evidence de novo, viewing the “evidence in the light most favorable to the government, and affirming] a guilty verdict where any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Wahl, 290 F.3d 370, 375 (D.C.Cir.2002) (internal quotation marks and emphasis omitted). Moreover, we “giv[e] full play to the right of the jury to determine credibility, weigh the evidence and draw justifiable inferences of fact.” United States v. Foster, 783 F.2d 1087, 1088 (D.C.Cir.1986) (internal quotation marks omitted).

To establish constructive possession, the government must show that “the defendant knew of, and was in a position to exercise dominion and control over, the contraband.” United States v. Byfield, 928 F.2d 1163, 1166 (D.C.Cir.1991). Thus, “there must be something more than mere presence at the scene of a criminal transaction. There must be some action, some word, or some conduct that links the indi[1339]*1339vidual” to the contraband. United States v. Pardo, 636 F.2d 535, 549 (D.C.Cir.1980). “[E]vidence of some other factor — including ... evasive conduct ... coupled with proximity may surpass the minimum threshold of evidence needed to put the question of guilt to a jury.” United States v. Gibbs, 904 F.2d 52, 56 (D.C.Cir.1990); see United States v. Hernandez, 780 F.2d 113

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Bluebook (online)
489 F.3d 1335, 376 U.S. App. D.C. 499, 2007 U.S. App. LEXIS 14358, 2007 WL 1745310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-littlejohn-andrew-cadc-2007.