United States v. Gray, No. 12-1965 (8th Cir. 2012)
Annotate this Case
Justia Opinion Summary
Want to stay in the know about new opinions from the Eighth Circuit U.S. Court of Appeals?
Sign up for free summaries delivered directly to your inbox. Learn More ›
You already receive new opinion summaries from Eighth Circuit U.S. Court of Appeals. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.
Defendant was convicted of being a felon in possession of a firearm. On appeal, defendant challenged the judgment of the district court, arguing that the evidence of possession was insufficient to convict him. The court held that the evidence at trial was more than sufficient to support the jury's verdict and affirmed the judgment.
Court Description: Criminal case - criminal law. Evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1965 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Levonia T. Gray lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: November 13, 2012 Filed: November 26, 2012 ____________ Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges. ____________ RILEY, Chief Judge. On May 11, 2009, a jury convicted Levonia Gray of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Gray appeals from the judgment of the district court,1 arguing the evidence of possession was insufficient to convict him. We disagree and affirm. 1 The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas. We review the sufficiency of the evidence de novo, viewing evidence in the light most favorable to the government, resolving conflicts in the government s favor, and accepting all reasonable inferences that support the verdict. United States v. Teague, 646 F.3d 1119, 1121-22 (8th Cir. 2011) (quoting United States v. Piwowar, 492 F.3d 953, 955 (8th Cir. 2007)). This court does not weigh the credibility of the witnesses or the evidence. The jury has the sole responsibility to resolve conflicts or contradictions in testimony, and credibility determinations are resolved in favor of the verdict. United States v. Moya, 690 F.3d 944, 949 (8th Cir. 2012) (quoting United States v. Aldridge, 664 F.3d 705, 715 (8th Cir. 2011)) (quotation marks omitted). We reverse only if no reasonable jury could have found guilt beyond a reasonable doubt. United States v. Herbst, 666 F.3d 504, 510 (8th Cir. 2012). To convict [Gray] under § 922(g), the government had to prove beyond a reasonable doubt that (1) [Gray] previously had been convicted of a crime punishable by a term of imprisonment exceeding one year; (2) [Gray] knowingly possessed a firearm; and (3) the firearm had moved in or affected interstate commerce. United States v. Tucker, 689 F.3d 914, 918 (8th Cir. 2012). Gray only contests the second element whether he knowingly possessed a firearm. At trial, Damita Marks, Gray s live-in companion, testified that about a week and a half after Gray began living in Marks s home, Gray took possession of and refused to return two firearms Marks had been storing for a friend. Gray bought some ammunition and played around with [the firearms], shooting into the ground in the back yard and intimidating Marks with the firearms by flashing them in [her] face. Anthony Tate, who rented a room from Marks, testified Tate was in his room on September 9, 2007, when Gray became angry because he could not find the telephone. Tate testified Gray came upstairs, kicked the door in, aimed the pistol at [Tate], shot at [him], and then walked up to [Tate] and assaulted [him] with the -2- pistol. Gray then led [Tate] out of the house with one pistol to [Tate s] head and another one to [Tate s] back as Marks held open the door. Once outside, Gray assaulted [Tate] with the pistol again to the right side of [his] face and shot again as Tate fled. Tate called 911 and was transported to the hospital emergency room where he was treated for a gunshot wound to the neck. Marks, who witnessed the shooting from a few feet away, corroborated Tate s account of Gray s use of the two firearms. Marks testified Gray returned to the house thirty or forty minutes later with the firearms and a bloody towel. After the police took Marks and Gray into custody, Marks advised Officer Sean Ragan of the Little Rock Police Department she had witnessed Gray hide the firearms in the laundry room near the washing machine. Officer Ragan later retrieved the two firearms from underneath the washing machine. Tate, Marks, and Officer Ragan identified the firearms at trial, and the government entered them into evidence without objection. Gray testified in his defense. Gray admitted to whooping Tate with his bare hands and putting him out of the house by force, but denied knowing of or possessing any firearms at the house. Gray speculated Tate s neck may have been cut by an ashtray on the nightstand that broke when Gray struck Tate with his hand. On appeal, Gray acknowledges credibility determinations are for the jury and a verdict based solely on the testimony of witnesses should normally be upheld, but contends the uncorroborated live testimony of two eyewitnesses although consistent with each other was insufficient to establish he possessed the firearms at issue on or about September 9, 2007. Gray is wrong. The evidence adduced at trial was more than sufficient to support the jury s verdict. We affirm the judgment of the district court. ______________________________ -3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
