United States v. Monday

8 F. App'x 394
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 18, 2001
DocketNo. 99-6678
StatusPublished

This text of 8 F. App'x 394 (United States v. Monday) 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. Monday, 8 F. App'x 394 (6th Cir. 2001).

Opinion

CLAY, Circuit Judge.

Defendant, Allen Eugene Monday, appeals from the judgment of conviction entered by the district court on December 10, 1999, following Defendant’s jury trial conviction for one count of being a felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1), and one count of being a felon in possession of ammunition in violation of 18 U.S.C. § 924(e). On appeal, Defendant raises issues of prosecutorial misconduct in seeking to have his convictions reversed. For the reasons set forth below, we AFFIRM Defendant’s convictions on both counts.

BACKGROUND

On March 17, 1998, a federal grand jury sitting in the Eastern District of Tennessee returned a two-count indictment against Defendant, an armed career criminal, charging him with being a felon in possession of a firearm on September 30, 1996 in violation of 18 U.S.C. § 922(g)(1) in Count One, and with being a felon in possession of ammunition on September 30, 1996 in violation of 18 U.S.C. § 924(e) in Count Two. Following a two-day jury trial, Defendant was found guilty on both counts. Defendant was sentenced on November 23, 1999 to a term of 262 months of imprisonment. Defendant’s judgment of conviction and sentence was entered on December 10, 1999, and it is from this judgment that Defendant now appeals.

Facts

The following statements and testimony were elicited at trial.

A. Opening Statements

During opening statements, the prosecutor commented that “[t]his case is about why a previously convicted felon cannot have a firearm or ammunition.” (J.A. at 32.) Defendant did not object to the prosecutor’s comment. Rather, defense counsel countered by stating as follows in his opening statement:

Ladies and gentlemen, this case is not about why a previously convicted felon cannot have a firearm. If you want to know why a previously convicted felon cannot have a firearm, I will read it to you. It’s 18 USC § 922(g). “It shall be unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to possess in or affecting commerce any firearm or ammunition.” That is why a previously convicted felon cannot have a firearm, because it is against the law. This case is not about that. This case is about whether a previously convicted felon, my client, possessed the Rossi .38 that my learned adversary has told you about and the ammunition along with it on or about September 30,1996.

(J.A. at 38-39.)

B. Government’s Witnesses

a. Officer Larry Murrell

At about -2:55 a.m. on Monday, September 30, 1996, Officer Larry Murrell of the [396]*396Knoxville Police .Department responded to a “[w]oman lying in the hallway” call on the fourth floor of the Parkway Hotel (“the Hotel”) in Knoxville, Tennessee. (J.A. at 40.) Upon arriving at the scene. Officer Murrell found a white female lying in a pool of blood; the paramedics had just arrived and had not yet attempted to revive the woman. The Hotel offers apartments for rent, and upon viewing the scene, Officer Murrell observed “a trail of blood coming from apartment 400 where someone had drug her out.” (J.A. at 42.) At this point of Officer Murrell’s testimony, defense counsel objected on the basis that this testimony was not relevant to the charge of being a felon in possession of a gun. The district court overruled defense counsel’s objection, opining as follows:

Counsel, I am not sure [what this has to do with the charge.] I assume that this proof is being introduced to somehow tie this particular individual to the defendant. I don’t know just, not knowing any more about the facts than what I have already heard here, that is it. If it turns out this is not relevant, I will sustain your objection. At this point I can’t, I will overrule it.

(J.A. at 42.) Officer Murrell waited for his partner, Officer Cathy Pappas to arrive; upon her arrival, Officer Murrell knocked on the door of apartment 400 and Jack Monday, Defendant’s brother, answered. Upon doing so, Officer Murrell noticed that no one else was in the apartment with Monday; however, Murrell also noticed that there was blood all over the living room and a live .38 caliber bullet on the floor.

b. Officer Cathy Pappas

Officer Pappas testified that she arrived on the scene shortly after Officer Murrell in response to an “injured person call;” and that upon arriving she noticed the paramedics, who by this time were “working on” a white female who was lying on the floor in the hallway. (J.A. at 46.) Officer Pappas also testified as to the trail of blood that she observed from the body leading to apartment 400. Officer Pappas corroborated Officer Murrell’s rendition of what happened after Murrell knocked on the door of the apartment, while noting that what was later determined to be blood and gray matter were found on the floor of the apartment. The officers advised Monday that there was someone in the hall that had been hurt, to which Monday inquired as to “how bad she had been shot.” (J.A. at 48.) Officer Pappas added that Monday was handcuffed and placed under arrest at this time. Pappas stated on cross-examination that no gun was recovered from the apartment.

c. Lieutenant Gordon Catlett

Lieutenant Catlett testified that he went to the scene after hearing that two of his officers, Murrell and Pappas, had responded to a call regarding an injured person at the Parkway Hotel. Upon arriving at the scene, Lieutenant Catlett observed “a white female victim laying in the hallway [with] blood all around her. She had suffered a single shot wound to the head.... ” Catlett also testified that he observed “blood in a smear mark in the hallway ... coming from the apartment [400] ... almost indicating] that her body had been drug from that apartment to where she ended up laying in the hallway.” (J.A. at 52.) Catlett soon realized that the woman was deceased.

Catlett remained with the body while Murrell and Pappas talked to Monday; Catlett soon heard someone “clomping” down the hall who later turned out to be Defendant. Defendant was wearing cowboy boots, blue jeans, no shirt, and was carrying a can of Coke in his hand. According to Catlett, Defendant walked up to [397]*397him and said, “well, here I am.” (J.A. at 55.) When Catlett asked Defendant what he knew about the incident, Defendant replied, “she shot herself.” (J.A. at 55.) Lieutenant Catlett testified that he then asked Defendant if he knew where the gun was, because “[a]t that time we [the police] did not know where the murder weapon was.” (J.A. at 55 .) Defense counsel objected to Catlett’s remarks stating that “I object to that answer. This is not a murder trial. This is a gun possession trial. The indictment does not charge murder.” (J.A. at 55.) The district court overruled the objection, opining as follows:

It isn’t a murder case. That is true. These are circumstances surrounding a situation that I assume are relevant. I am going to overrule. The jury will have to decide how relevant they are.

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Bluebook (online)
8 F. App'x 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-monday-ca6-2001.