United States v. Aaron Harris
694 F. App'x 326
5th Cir.2017Background
- Harris was convicted of being a felon in possession of a firearm and sentenced to 115 months’ imprisonment and three years’ supervised release.
- Police observed Harris throw a firearm from a vehicle; he told agents he threw it because they scared him.
- After consenting to a search, agents found a second firearm on the front passenger seat and a spent .45 casing matching the first gun; Harris claimed he bought the first gun at a gun show and had paperwork.
- Harris provided false names, dates of birth, and Social Security numbers to agents.
- At sentencing, officers also recovered two firearms from an air vent in the residence where Harris sometimes lived; Harris’s clothing, ID, and ammunition were found in the bedroom.
- The district court denied Harris’s requested jury instruction on transitory possession and applied a two-level Guidelines enhancement under U.S.S.G. § 2K2.1(b)(1)(A) for possession involving three to seven firearms; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by refusing a jury instruction on transitory possession | Harris: Williams supports giving a transitory-possession instruction because evidence showed momentary possession (throwing the gun) | Govt/District: Instruction not supported by Fifth Circuit law or by the facts of this case | Court: No abuse of discretion — not consistent with this court’s jurisprudence, and evidence did not support the instruction |
| Whether the district court erred in applying a two-level § 2K2.1(b)(1)(A) enhancement based on three to seven firearms (constructive possession) | Harris: He lacked knowledge of or access to the two firearms found in the residence air vent | Govt/District: Harris lived at the residence, had clothing/ID/ammo there, was present with others where guns were observed; constructive possession is plausible | Court: No clear error — constructive possession finding was plausible and enhancement was proper |
Key Cases Cited
- United States v. Williams, 403 F.3d 1188 (10th Cir. 2005) (recognizes transitory-possession defense in appropriate circumstances)
- United States v. Bowen, 818 F.3d 179 (5th Cir. 2016) (trial court’s discretion to deny transitory-possession instruction when unsupported)
- United States v. Meza, 701 F.3d 411 (5th Cir. 2012) (standards for constructive possession and appellate review)
- United States v. Davis, 754 F.3d 278 (5th Cir. 2014) (applying possession-counting rules for Guidelines enhancements)