United States v. Allen Stanley
669 F. App'x 124
| 4th Cir. | 2016Background
- Allen Donnell Stanley, on supervised release, was alleged to have possessed a firearm during a traffic stop and was charged with violating conditions of release.
- Officer stopped a vehicle; Stanley, a passenger, exited, bent over with his back to the officer, attempted to flee, and was immediately apprehended. A handgun was found where he exited the car. Officer testified the gun was not present when the stop began.
- Records showed Stanley had been charged three months earlier with possession of the same firearm.
- The district court found the officer credible, concluded by a preponderance of the evidence that Stanley possessed the firearm, and revoked supervised release. The court imposed the statutory maximum 24-month sentence.
- Stanley appealed, arguing insufficient evidence of firearm possession and that the sentence was unreasonable; appellate counsel filed an Anders brief asserting no meritorious issues. The Fourth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Stanley possessed a firearm | Evidence did not prove Stanley possessed the gun found near where he exited the vehicle | Officer testimony, proximity of gun to exit point, and prior charge tied Stanley to the firearm; district court found testimony credible | Affirmed — preponderance standard met; factual finding not clearly erroneous |
| Reasonableness of 24-month revocation sentence | Sentence is unreasonable | Sentence is within statutory maximum; court considered Chapter 7 and §3553(a) factors, prior felon-in-possession conviction, absconding, and deterrence/public protection | Affirmed — sentence procedurally and substantively reasonable |
Key Cases Cited
- Padgett v. United States, 788 F.3d 370 (4th Cir. 2015) (standard of review for supervised-release revocation)
- Manigan v. United States, 592 F.3d 621 (4th Cir. 2010) (preponderance standard explained)
- Cates v. United States, 613 F.3d 856 (8th Cir. 2010) (credibility determinations at revocation hearings rarely disturbed)
- Crudup v. United States, 461 F.3d 433 (4th Cir. 2006) (review of reasonableness of sentences after supervised-release revocation)
- Anders v. California, 386 U.S. 738 (1967) (procedures when appellate counsel believes appeal is frivolous)