United States v. Walker, No. 12-3167 (6th Cir. 2013)
Annotate this CaseOfficers observed a Chrysler with heavily tinted windows playing loud music and initiated a traffic stop. After the officers knocked on the car’s windows several times, Evans, the car’s driver and owner, and Walker, the front seat passenger, rolled down the windows and began speaking. The officers smelled marijuana and noticed that Walker was agitated. After Evans exited the vehicle and was under supervision, officers asked Walker to step out and keep his hands in sight. As he released the seatbelt, officers believed that Walker was reaching between the passenger seat and the door in an unnatural movement. Walker ignored warnings until he was restrained. An officer found a gun on the floor between the passenger’s seat and the door, near the floor mounting for the front passenger’s seat belt; it was loaded, had a round in the chamber, and was positioned to be grabbed from the front passenger’s seat. Walker was convicted as a felon in possession of ammunition transported in foreign commerce, 18 U.S.C. 922(g)(1) & 924(a)(2). The Sixth Circuit affirmed, rejecting arguments that the evidence was insufficient to prove that he possessed the firearm containing this ammunition; that the government constructively amended or prejudicially varied from the indictment with respect to evidence showing that the ammunition traveled in foreign commerce; and to sentencing himGibb to an additional 24 months because he violated the terms of supervised release.
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