neochart v2 research

cases/18usc922/f3d-934-854-us-v-gilliam.case

Source: cases/18usc922/f3d-934-854-us-v-gilliam.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_934/0854_01/index.html

Verbatim annotated passages

The government presented sufficient evidence from which a reasonable jury could find that Gilliam possessed the gun at Bailey's apartment.
Gilliam did not constructively possess the firearm after leaving it at Jeffrey's because he had no dominion over Jeffrey's apartment. Gilliam also had no dominion over Bailey's apartment.

Exact source text

casedsl 1.2

# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/934/0854-01
  name    United States v. Gilliam
  cite    934 F.3d 854 (2019)
  court   United States Court of Appeals for the Eighth Circuit
  date    2019-08-20
  url     catalog/cases/f3d/volume_934/0854_01/index.html
  source  ir/caselaw/f3d_934.jsonl sha1=76b36b20b359cb09d41b845339aedc61ae5d62a8 chars=18965

opinion op : panel by Smith @0..17470, @17470..18965 controlling
party p1 : Rico Gilliam
count c1 : second § 922(g)(1) count -- possession of the same Glock at Bailey's apartment on November 6, 2014
count c2 : the uncharged interim between the October 17 shooting at Jeffrey's apartment and the November 6 arrest (continuous-possession / multiplicity argument)

law 18usc922
  role    applied
  posture criminal appeal after jury conviction on two § 922(g)(1) counts for the same firearm on two dates; multiplicity (merger) argument raised for the first time on appeal and reviewed for plain error; affirmed
  result  claimant-won

element possession : satisfied [proved]
  decider jury
  review  affirmed
  party   p1
  count   c1
  route   actual
  pattern gun hidden under attic insulation of another person's apartment during a police standoff; defendant emerged covered in drywall dust
  fact @7229..7305 [supports] | When Detective Bray asked Bailey if Gilliam had a gun, she said that he did.
  fact @7306..7416 [supports] | When Gilliam eventually surrendered by coming out of the apartment, he had drywall dust and insulation on him.
  fact @3007..3111 [supports] | In the attic, officers found a handgun-the same handgun used to shoot Scrivo-underneath some insulation.
  fact @7576..7738 [supports] | Additionally, the government introduced Gilliam's phone call to Calvillo from jail, in which he instructed Calvillo to take responsibility for possessing the gun.
  fact @2591..2645 [cuts-against] | He was unarmed and coated with drywall and insulation.
  held @6848..6986 | The government presented sufficient evidence from which a reasonable jury could find that Gilliam possessed the gun at Bailey's apartment.
  gloss   Sufficiency of the second possession, decided as the first step of the multiplicity argument. The first possession (the shooting at Jeffrey's apartment) was admitted and has no block.
  ? route: the court says only "possessed"; the evidence is that he personally hid the gun in the attic (handling), and the court separately says he had no dominion over Bailey's apartment, so `actual` rather than `constructive`

element possession : not-satisfied [no-evidence]
  party   p1
  count   c2
  route   constructive
  pattern gun left with a third party who carried it elsewhere; no instruction, no knowledge of its whereabouts, no dominion over either apartment
  rule @8766..8941 [quoted] | Constructive possession means that a person "has ownership, dominion or control over the [firearm] itself, or dominion over the premises in which the [firearm] is concealed ."
  fact @9238..9334 [cuts-against absent] | When he left Jeffrey's apartment, he gave no instruction for the gun's transport or disposition.
  fact @9335..9512 [cuts-against absent] | There are no facts in the record to demonstrate that Gilliam knew where the gun would be after leaving Jeffrey's apartment or controlled how it would arrive to any new location.
  fact @9935..10157 [cuts-against] | The evidence places Gilliam in possession of the same firearm in different locations and on different days with the weapon in someone else's (Jeffrey's) exclusive possession for at least some period of time in the interim.
  fact @985..1068 [supports] | Gilliam drew a .40 caliber Glock Model 23 from his waistband and fired three times.
  held @10282..10469 | Gilliam did not constructively possess the firearm after leaving it at Jeffrey's because he had no dominion over Jeffrey's apartment. Gilliam also had no dominion over Bailey's apartment.
  gloss   Here it is the DEFENDANT who asserts possession (continuous, so that the two counts merge); the court finds no constructive possession during the interim, which is why two counts stand.
  ? scope: decided on plain-error review of an unpreserved multiplicity claim, with the burden on the defendant; kept as merits because the court applies the constructive-possession test to this case's facts, but a consumer must not read "not-satisfied" as a government loss
  ? basis: `no-evidence` is used for "no facts in the record"; the party who failed to show possession is the defendant, not the claimant