United States v. Cristobal Meza, III
701 F.3d 411
| 5th Cir. | 2012Background
- Meza, a felon, was charged with felon-in-possession of firearm and ammunition;枪 found on his property and in shed; Sanchez testified inconsistently about selling the gun to Meza; audio recording of Sanchez’s interrogation was admitted for impeachment with limiting instructions; Meza was convicted on both counts and sentenced to consecutive 120-month terms, later remanded for resentencing; the court addressed sufficiency, variance, evidentiary rulings, prosecutorial conduct, and double jeopardy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for counts 1 and 2 | Meza argues insufficiency under joint occupancy standard. | Meza contends joint occupancy requires knowledge and access; credibility issues with Sanchez. | Sufficient evidence under either single or joint occupancy. |
| Material variance between indictment and proof | Indictment charged firearm and a box of ammunition; proof showed two boxes and loaded firearm. | Variance could mislead or surprise; may affect substantial rights. | No material variance; minor variance for Count 2; no plain error. |
| Admissibility of Sanchez’s prior inconsistent statements under Rule 613(b) and 403 | Recording admissible to impeach credibility and for relevance to elements. | Potential unfair prejudice; limited purpose of impeachment. | District court did not abuse discretion; statements admissible for impeachment with limiting instructions; harmless. |
| Double jeopardy for consecutive counts under 922(g)(1) | Simultaneous possession of firearm and ammunition could be separate offenses. | Berry prohibits simultaneous convictions for same act of possession. | Vacate one set of sentences; remand for dismissal of one count; affirm remaining conviction; doctrine Berry applied. |
Key Cases Cited
- Berry v. United States, 977 F.2d 915 (5th Cir. 1992) (double jeopardy concerns for simultaneous possession of firearm and ammunition)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for felon-in-possession)
- United States v. De Leon, 170 F.3d 494 (5th Cir. 1999) (construction of possession under premises control)
- United States v. Mergerson, 4 F.3d 337 (5th Cir. 1993) (joint occupancy constructive possession standard)
- United States v. Wright, 24 F.3d 732 (5th Cir. 1994) (common-sense, fact-specific approach to possession)
- United States v. Onick, 889 F.2d 1425 (5th Cir. 1989) (dominion or control over premises as indicator of possession)