United States v. Sylvester Cunningham, No. 22-1080 (8th Cir. 2023)
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Defendant appealed his convictions for unlawful possession of a firearm as a convicted felon, possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking offense. He argued that evidence should have been excluded from trial due to an unlawful search and seizure, that he had a constitutional right under the Second Amendment to possess a firearm as a convicted felon, and that there was insufficient evidence to support the convictions.
The Eighth Circuit concluded that none of the contentions has merit and therefore affirmed the judgment of the district court. The court found that the officer’s action was permissible under the Fourth Amendment on at least two bases: as an investigative search based on reasonable suspicion of crime and danger and as a search for evidence-based on probable cause under exigent circumstances. Further, the court held that the longstanding prohibition on the possession of firearms by felons is constitutional, and the district court properly denied the motion to dismiss. Moreover, the court wrote that there was ample evidence to support the jury’s finding that Defendant knowingly possessed the firearm. Finally, the court explained that a rational jury could have found that the firearm was placed strategically in a location where it was hidden from view but readily accessible to one who was seated in a wheelchair and carrying drugs in his undergarment.
Court Description: [Colloton, Author, with Wollman and Stras, Circuit Judges] Criminal case - Criminal law. The police officer's action in lifting the cushion of defendant's wheelchair was permissible on two grounds - as an investigative search based on reasonable suspicion of crime and danger and, second, as a search for evidence based on probable cause under exigent circumstances; 18 U.S.C. Sec. 922(g)(1) does not violate the Second Amendment as the long-standing prohibition on possession of firearms by felon is constitutional - see U.S. v. Jackson, No. 22-2870, 2023 WL 3769242 (8th Cir. June 2, 2023); the evidence was sufficient to support defendant's convictions for possession of cocaine with intent to distribute, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking offense.
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