United States v. Vincent L. Hutchins, Sr.

292 F. App'x 842
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 11, 2008
Docket07-15672
StatusUnpublished
Cited by1 cases

This text of 292 F. App'x 842 (United States v. Vincent L. Hutchins, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Vincent L. Hutchins, Sr., 292 F. App'x 842 (11th Cir. 2008).

Opinion

PER CURIAM:

Vincent L. Hutchins, Sr., appeals his conviction for possessing two firearms that had not been registered to him in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. § 5861(d). He raises two issues on appeal, arguing the district court erred in denying his motion for judgment of acquittal and the court abused its discretion in admitting evidence of pseudophedrine found near the illegal firearms.

First, Hutchins contends the district court erred in denying his motion for judgment of acquittal because the Government offered insufficient evidence to support his conviction. More specifically, Hutchins claims the Government failed to show he had ever seen or actually possessed the firearms or that he had knowledge of the specific characteristics of the firearms that required them to be registered.

We review the denial of a motion for judgment of acquittal de novo. United States v. Brown, 441 F.3d 1330, 1368 (11th Cir.2006). We apply the same standard we use in reviewing the sufficiency of the evidence, viewing the facts and drawing all reasonable inferences in the light most favorable to the Government. United States v. Descent, 292 F.3d 703, 706 (11th Cir.2002). The denial will be upheld when “a reasonable fact-finder could conclude *844 that the evidence established the defendant’s guilt beyond a reasonable doubt.” Id. (quotations and citation omitted).

Under § 5861(d), it is unlawful for any person “to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record.” 26 U.S.C. § 5861(d). The term “firearm” includes “a shotgun having a barrel or barrels of less than 18 inches in length.” Id. § 5845(a)(1). Constructive possession is sufficient to sustain a conviction under § 5861(d). United States v. Crawford, 906 F.2d 1531, 1534-35 (11th Cir.1990). “Constructive possession exists when a defendant has ownership, dominion, or control over an object itself or dominion or control over the premises or the vehicle in which the object is concealed.” United States v. Leonard, 138 F.3d 906, 909 (11th Cir.1998).

Though § 5861(d) has no express mens rea requirement, the Government must prove beyond a reasonable doubt “the defendant knew that the weapon he possessed had the characteristics that brought it within the statutory definition of a firearm.” United States v. Miller, 255 F.3d 1282, 1286 (11th Cir.2001) (emphasis in original). “There is no requirement under the statute that the defendant knew that his possession was unlawful, or that the firearm was unregistered.” Id. at 1286 n. 3. The Government need only show the defendant knew “the weapon has the features that subject it to registration requirements;” the defendant “does not have to know what features define a ‘firearm’ under 26 U.S.C. § 5845(a).” United States v. Ruiz, 253 F.3d 634, 638 n. 4 (11th Cir. 2001). A jury can infer “the requisite knowledge from the condition of the object ... ‘including any external indications signaling the nature of the weapon.’ ” United States v. Moore, 253 F.3d 607, 611 (11th Cir.2001) (quoting Staples v. United States, 511 U.S. 600, 114 S.Ct. 1793, 1802 n. 11, 128 L.Ed.2d 608 (1994)). We have upheld a jury verdict where the Government offered no direct evidence the defendant knew his shotgun’s barrel was shorter than 18 inches, noting “the length of the barrel is a patently obvious characteristic, readily apparent to anyone ... who observes the gun.” Miller, 255 F.3d at 1287. Testimony about the length of the gun’s barrel and the admission of the gun into evidence can be sufficient circumstantial evidence from which a jury could infer the defendant knew the length of the gun barrel was less than 18 inches. Id.

The district court did not err in denying Hutchins’ motion for judgment of acquittal. Police found the firearms in a shed on Hutchins’ property. Hutchins had the key that opened the shed in his bedroom, he directed police to the location of his keys, and he correctly identified the key that unlocked the padlock on the shed’s door. A reasonable jury could find Hutchins constructively possessed the firearms based on his access to and control over the shed. At trial, Hutchins stipulated that the barrels of the shotguns were less than 18 inches, a fact that would be readily apparent to anyone who saw the guns. So, the jury could infer Hutchins knew the shotguns had characteristics that required them to be registered. There is no dispute that the shotguns were not registered to Hutchins in the National Firearms Registration and Transfer Record. Thus, a reasonable jury could conclude the Government proved Hutchins’ guilt beyond a reasonable doubt, and the district court did not err in denying Hutchins’ motion.

Second, Hutchins contends the district court abused its discretion when it admitted evidence of the pseudophedrine found near the shotguns. He claims the evidence is irrelevant and highly prejudicial, since it is not probative as to his illegal possession of firearms and creates the impression he is involved in illegal *845 drug activity, when no other evidence to that effect was produced.

We review evidentiary rulings for an abuse of discretion. United States v. Thomas, 242 F.3d 1028, 1031 (11th Cir. 2001). Under this standard, we must affirm unless we conclude the district court made a clear error of judgment or applied the wrong legal standard. United States v. Drury, 396 F.3d 1303, 1315 (11th Cir. 2005). Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed.R.Evid. 401. Though generally admissible, relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice .... ” Fed.R.Evid. 403.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Ronald White, Jr.
915 F.3d 1195 (Eighth Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
292 F. App'x 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vincent-l-hutchins-sr-ca11-2008.