/f3d/32/0867-01

United States Court of Appeals for the Fourth Circuit · 1994-08-17

Original case on neochart.com

Case and law context

18 U.S.C. § 922(g)

Role: applied; posture: criminal; jury conviction on seven firearms and drug counts (Count Six = 922(g)(1)); defendant appeals admission of the details of his prior convictions (plain error), denial of severance, and his absence from an in-chambers conference on a jury question; result: claimant-won; claim: (g)(1)

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/32/0867-01 — United States Court of Appeals for the Fourth Circuit · 1994Actual or constructive possessionnot_reached
Excluded from merits counts
applied / merits

claim: (g)(1)

Count Six charged possession of a Beretta .380; the jury convicted and possession is not challenged on appeal.
Unspecified variantNo source quotation recorded for this block.
/f3d/32/0867-01 — United States Court of Appeals for the Fourth Circuit · 1994Conviction punishable by more than one yearnot_reached
Excluded from merits counts
applied / procedural

claim: (g)(1); count: Count Six (possession of a Beretta .380 pistol); subject: count=Count Six (possession of a Beretta .380 pistol)

REAL RULING: evidentiary, on plain-error review - admission of the details of the prior convictions (indictments, complaints, sentencing transcript) is assumed arguendo to be error and held not to have affected substantial rights given overwhelming evidence. This court does not decide whether the status element was met: the jury found it on certified New York records and its sufficiency was never challenged on appeal. Hence not-reached, scope procedural; the fact lines record the trial proof, the held line is the no-prejudice ruling.
proof-of-prior-conviction/certified-records-with-offense-details-no-stipulation
Exhibits Six and Seven were certified copies of convictions on indictments returned in the Supreme Court of the State of New York, County of the Bronx.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Pursuant to this indictment, Rhodes pleaded guilty in the New York court to first degree manslaughter.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

A jury found Rhodes guilty of criminal possession of a weapon in the second degree and reckless endangerment in the first degree, and apparently not guilty of the remaining counts of the indictment which were not dismissed.
Source: docroot/ir/caselaw/f3d_32.jsonl#/f3d/32/0867-01; Unicode character offsets [3450:3673] (end exclusive); SHA-256 92e90cf7550f23e3c842be216d2d82bd4cf9e5cf3244710150d55f787a1c2894.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Rhodes’s counsel stated, “No objection” and the district court then ruled, “Be so admitted.”
Source: docroot/ir/caselaw/f3d_32.jsonl#/f3d/32/0867-01; Unicode character offsets [4122:4214] (end exclusive); SHA-256 92e90cf7550f23e3c842be216d2d82bd4cf9e5cf3244710150d55f787a1c2894.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The nature of the conviction is not an element of Section 922(g)(1).
Source: docroot/ir/caselaw/f3d_32.jsonl#/f3d/32/0867-01; Unicode character offsets [10647:10715] (end exclusive); SHA-256 92e90cf7550f23e3c842be216d2d82bd4cf9e5cf3244710150d55f787a1c2894.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

However, when a defendant does not stipulate the fact of his prior conviction, the Government must prove it because it is an element of the offense.
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Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We do not find that the error we assume for purposes of deciding this case affected Rhodes’s substantial rights.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case