United States v. Gray, No. 18-3663 (3d Cir. 2019)
Annotate this CaseDuring York City, Pennsylvania's New Year’s Eve fireworks festivities, Officer Thorne heard gunshots. He observed Gray carrying a firearm, walking down a pathway between rowhomes at 721 and 723 Wallace Street. Thorne gave chase with his firearm drawn, identified himself as police, and ordered Gray to drop the firearm. Gray saw that Thorne was pointing a firearm and ran toward Wallace Street. Thorne saw Gray toss his gun and run onto the porch of 725 Wallace, next to Gray’s home. Thorne followed and restrained Gray. Officer Davis arrived. Gray was taken into custody. Thorne found the firearm in front of 731 Wallace, with one round chambered and six in the magazine. The National Criminal Information Center listed the firearm as stolen in Manchester, New Hampshire, in 1995. A month later Manchester Police notified Thorne: OUR DETECTIVES HAVE BEEN UNABLE TO LOCATE THE ORIGINAL VICTIM … THE FIREARM IS NOT CONSIDERED STOLEN AT THIS POINT. The Third Circuit affirmed Gray’s conviction for unlawful possession of a firearm by a felon, 18 U.S.C. 922(g)(1), his 84-month sentence (a downward variance of 36 months), and the application of sentencing enhancements for possession of a stolen firearm, recklessly creating a risk of serious bodily injury in the course of fleeing from law enforcement, and obstruction of justice for committing perjury at trial,. The change in designation by the Manchester Police did not change the fact that the gun had been reported stolen and appeared on the NCIC list until recovered in Gray’s possession.
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