United States v. Samuels

CourtCourt of Appeals for the Tenth Circuit
DecidedDecember 12, 2023
Docket23-6000
StatusUnpublished

This text of United States v. Samuels (United States v. Samuels) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Samuels, (10th Cir. 2023).

Opinion

Appellate Case: 23-6000 Document: 010110967020 Date Filed: 12/12/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT December 12, 2023 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-6000 (D.C. No. 5:18-CR-00152-PRW-1) LAWRENCE SAMUELS, JR., (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, BACHARACH, and MORITZ, Circuit Judges. _________________________________

On September 11, 2022, Texas Department of Public Safety Corporal

Nathaniel Chestnut stopped Lawrence Samuels, Jr., for speeding. Mr. Samuels was

driving a rental car and was on federal supervised release. He consented to a search

of the car. When Corporal Chestnut opened the hood, he found a sock tied to the

engine and discovered a gun inside the sock. He arrested Mr. Samuels. That same

day, a probation officer petitioned the district court to revoke Mr. Samuels’s

* After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-6000 Document: 010110967020 Date Filed: 12/12/2023 Page: 2

supervised release, alleging three violations: committing a crime, possessing a

firearm, and leaving the judicial district.

At the revocation hearing, Mr. Samuels admitted to leaving the district. The

district court found he had committed the other two violations because he had

constructive possession of the gun. It revoked Mr. Samuels’s supervised release and

sentenced him to 24 months in prison followed by 36 months of supervised release.

Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand

because the district court applied the wrong constructive possession standard.

I. BACKGROUND

A. Factual History

Mr. Samuels served 14 years of a 17.5-year sentence for a federal drug offense

before he was granted executive clemency. His supervised release was set to expire

in May 2023.

On September 8, 2022, Mr. Samuels rented a car near Oklahoma City. He

testified that he had “originally reserved a Kia,” but the “tire was flat.” ROA, Vol. 3

at 66. The rental manager gave him the only car left—a Toyota Camry that had

“just” been returned. Id. at 68. Mr. Samuels watched the manager vacuum the

passenger compartment of the car after Mr. Samuels noticed it “had grass on the

inside” and “was dirty.” Id. at 68-69. Mr. Samuels did not look under the car’s hood

and did not observe the manager look under the hood either. Id. at 69.

2 Appellate Case: 23-6000 Document: 010110967020 Date Filed: 12/12/2023 Page: 3

On September 11, Mr. Samuels was driving the Toyota Camry eastbound on

I-40 in Texas. Corporal Chestnut pulled him over for going 84 mph in a 75-mph

zone. Mr. Samuels provided his license and the car’s rental agreement to the trooper.

Asked where his travel began, Mr. Samuels said he had been in Amarillo

visiting an aunt. Corporal Chestnut pointed out that Mr. Samuels was going the

wrong direction to be traveling from Amarillo to his home near Oklahoma City.

Mr. Samuels then said he had been in Bakersfield, California, visiting his fiancée,

and had lied because he was on supervised release and was not permitted to travel

outside the Western District of Oklahoma. He later acknowledged he was outside the

judicial district when he was pulled over in Texas.

Mr. Samuels denied having any weapons on his person or in the rental car. He

consented to search of the car. Corporal Chestnut “located a firearm, a Glock

handgun, in the engine bay. It was tied up in a long, black sock and was located on

the passenger side front quarter panel.” Id. at 22. He later searched the serial

number on the gun, could not identify the owner, and concluded the gun was not

stolen. Another trooper tried and failed to lift fingerprints from the gun.

Corporal Chestnut arrested Mr. Samuels for being a felon in possession of a

firearm. His probation officer filed a Petition for Warrant or Summons for Offender

Under Supervision, alleging Mr. Samuels violated (1) a mandatory condition of his

release not to commit another federal, state, or local crime; (2) a standard condition

not to possess a firearm; and (3) another standard condition not to leave the judicial

district without permission of the district court or his probation officer.

3 Appellate Case: 23-6000 Document: 010110967020 Date Filed: 12/12/2023 Page: 4

B. Procedural History

At the final revocation hearing on these alleged violations, Mr. Samuels

admitted he left the judicial district without permission, but he disputed the violations

stemming from his alleged possession of a firearm.

In determining whether Mr. Samuels had constructively possessed the firearm,

the district court considered (1) whether it could infer possession from his control of

the rental car, or (2) whether it should require the Government to show a nexus

between Mr. Samuels and the gun. Id. at 53, 87. As explained below, the court thus

decided between a sole-occupancy standard and a joint-occupancy standard for

constructive possession. The court settled on the former, concluding that

“knowledge, dominion, and control of the gun can be properly inferred.” Id. at 105.

The district court determined that Mr. Samuels’s testimony did not overcome

this inference. Id. at 88-89; see also id. at 104-05. It “ha[d] trouble believing

[Mr. Samuels’s] testimony” “that he did not know the gun was there” because he lied

to the trooper about his travel plan. Id. at 105.

The district court found Mr. Samuels guilty of all three violations. It revoked

his supervised release and sentenced him to 24 months in prison and 36 months of

supervised release. Mr. Samuels timely appealed.

4 Appellate Case: 23-6000 Document: 010110967020 Date Filed: 12/12/2023 Page: 5

II. DISCUSSION

A. Standard of Review

Preservation

The Government argues plain error review applies to Mr. Samuels’s argument

that the district court erred in failing to apply a joint-occupancy standard. Aplee. Br.

at 13. It contends that “[a]t no time did Mr. Samuels object or argue that the district

court used the wrong standard of constructive possession instead of a joint occupancy

standard.” Id. We conclude the issue was preserved and plain error review does not

apply.

An issue is preserved for review if (1) the appellant “pressed” it before the

district court or (2) the district court “passed upon” it. Tesone v. Empire Mktg.

Strategies, 942 F.3d 979, 992 (10th Cir.

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