United States v. Bynum
2012 U.S. App. LEXIS 3948
| 8th Cir. | 2012Background
- Bynum was convicted of unlawful possession of a firearm by a felon after police recovered a gun from a paper bag under a car seat he retrieved from a mall parking lot.
- Anderson testified Bynum had the gun earlier, stayed at her home, and she repeatedly asked him to retrieve it; she reported the gun to police.
- A recorded phone call showed Bynum and Anderson referring obliquely to the gun as 'it' or 'shit' and discussing retrieval plans.
- The gun was in a five-pound bag, and Bynum fled and discarded the bag when approached by officers.
- Bynum entered an Old Chief stipulation regarding prior qualifying felonies, and the district court instructed the jury to treat that stipulation as proving the 'prior conviction' element.
- The United States appealed the sentence, arguing ACCA enhancement should apply; the Government cross-appealed for a longer sentence; the panel affirmed the conviction, vacated the sentence, and remanded for resentencing under ACCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports knowing possession beyond a reasonable doubt | Bynum claims lack of knowledge; police testimony suggested he might not have seen the gun | Government argues conduct and behavior showed knowledge of the gun | Sufficient evidence supported knowing possession beyond reasonable doubt |
| Whether the Minnesota offer-to-sell drug offense 'involves' distribution under ACCA | Bynum argues offer-to-sell cannot involve distribution or require intent | Government argues offering to sell drugs is enough to 'involve' distribution under ACCA | Offer-to-sell drugs qualifies as a 'serious drug offense' under ACCA; both offenses qualify as predicates |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (categorical vs. modified categorical approach guidance for ACCA predicates)
- Shepard v. United States, 544 U.S. 13 (2005) (allows use of a limited judicial record to determine statutorily defined scope of offense)
- United States v. Maloney, 466 F.3d 663 (8th Cir. 2006) (supports inference of knowing possession from surrounding circumstances)
- United States v. Vickers, 540 F.3d 356 (5th Cir. 2008) (holds offer to sell drugs can be a 'serious drug offense' under ACCA)
- United States v. Lachowski, 405 F.3d 696 (8th Cir. 2005) (drug distribution concept in ACCA context; distribution is broad)