172 A.3d 396
D.C.2017Background
- Jerome Proctor Jr. was convicted by a jury of possession with intent to distribute marijuana (under 1/2 lb), unlawful possession of a firearm (prior conviction), possession of a large-capacity ammunition-feeding device, and possession of drug paraphernalia; convictions for certain firearm/ammunition counts were earlier acquittals or not guilty on related counts.
- Police stopped a car Proctor was driving for a defective brake light; officers smelled marijuana and found marijuana, $270, Proctor’s ID and mail in the center console, and an opaque bag with ~249 g marijuana plus a scale in the backseat.
- About three hours later officers executed a warrant at 4877 F St., SE. In bedroom one they found under the bed a CVS bag containing a wrapped 9mm handgun, a magazine with 15 rounds and one in the chamber, children’s drawings with the name "Jerome Proctor," and SunTrust mail addressed to Proctor; a closet contained ~28.6 g marijuana, empty sandwich bags, clothing, and $2,180 in a male jacket pocket.
- Defense testimony: co-occupant Shaunita Johnson claimed ownership of the house and the gun (said she bought and moved the gun between car and house); the car’s passenger said the large backseat bag and scale were his; another occupant said the closet marijuana was hers.
- At trial the court granted motions acquitting on some firearm-related counts for lack of foundation and granted a judgment of acquittal as to Johnson on several counts; after trial the court denied Proctor’s belated Fourth Amendment suppression claim as waived and assessed sufficiency of the evidence as to the firearm-related convictions.
Issues
| Issue | Proctor's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Fourth Amendment challenge to car/house searches may be raised on appeal | Waived suppression motion; requests plain-error review but argued items were unlawfully seized | No basis — defendant failed to move to suppress pretrial and waived claim | Waiver; suppression claim not considered on direct appeal (petition for rehearing partially granted to amend opinion language) |
| Whether evidence was sufficient to prove constructive possession of the concealed handgun (FIP) and large-capacity feeding device | Insufficient: Proctor not present at search, did not exclusively occupy premises, apparently did not own the gun, other adults had access, weak link to drug enterprise | Sufficient: proximity of contraband to Proctor’s mail/ID, drugs and cash in bedroom and car, scale and bags, expert testimony linking guns to drug dealing | Reversed: evidence insufficient to prove beyond a reasonable doubt that Proctor constructively possessed the gun or feeding device; convictions reversed and remanded for resentencing on remaining counts |
| Whether evidence was sufficient to sustain drug and paraphernalia convictions | (implicit) argued minimal or not tied to Proctor | Sufficient: marijuana in car tied to Proctor, scale/packaging, and other evidence supported PWID and paraphernalia | Affirmed: drug and drug-paraphernalia convictions upheld |
Key Cases Cited
- Evans v. United States, 122 A.3d 876 (D.C. 2015) (sets framework for fact-specific sufficiency review for constructive possession)
- Schools v. United States, 84 A.3d 603 (D.C. 2013) (proximity of contraband to personal effects may support constructive possession but is context-dependent)
- Curry v. United States, 520 A.2d 255 (D.C. 1987) (where premises shared, courts will not impute possession absent proof defendant was involved in related criminal enterprise)
- Moore v. United States, 927 A.2d 1040 (D.C. 2007) (elements of constructive possession: knowledge, ability, and intent to exercise dominion and control)
- Rivas v. United States, 783 A.2d 125 (D.C. 2001) (discusses reasonable-doubt standard and sufficiency review)
- Olafisoye v. United States, 857 A.2d 1078 (D.C. 2004) (failure to move to suppress before trial is waiver absent exceptional circumstances)