United States v. Dontre Reon Crawford
568 F. App'x 725
11th Cir.2014Background
- Crawford was convicted of being a felon in possession of a firearm and ammunition under 18 U.S.C. §§ 922(g)(1), 924(e).
- He challenged denial of motions to suppress and to strike the jury venire, and challenged evidentiary rulings, jury instruction, and ACCA enhancement.
- Officers stopped Crawford’s vehicle for not wearing seatbelts; two officers smelled marijuana and noticed cigar tobacco, supporting probable cause to arrest for marijuana.
- A handgun and ammunition were found after Crawford made furtive movements; the gun was in Crawford’s waistband with a round in the chamber.
- District court denied the motion to strike the jury venire for racial exclusion and denied several evidentiary challenges; Crawford testified to prior convictions and asserted justification
- The district court enhanced Crawford’s sentence under the Armed Career Criminal Act based on six prior convictions, including a Florida felony battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Parole suppression ruling validity | Crawford argues improper suppression ruling | Crawford contends suppression was improper due to lack of probable cause | Affirmed suppression denial |
| Jury venire racial exclusion | Crawford claims venire underrepresents blacks due to exclusion | Crawford failed to prove a prima facie violation | Affirmed denial of strike |
| Sufficiency of evidence for felon in possession | Crawford claimed lack of knowledge and justification | Government proof of possession and interstate nexus sufficient | Conviction supported |
| Evidentiary rulings challenged | Challenged several rulings as error | Rulings were proper under Rule 701 and 609 | No reversible error |
| ACCA enhancement and prior convictions; Alleyne issue | Alleyne requires jury finding of prior convictions beyond reasonable doubt | Alleyne does not require such, prior convictions are not elements | ACCA enhancement affirmed; Alleyne issue rejected |
Key Cases Cited
- United States v. Knight, 562 F.3d 1314 (11th Cir. 2009) (seatbelt stop and probable cause for arrest)
- United States v. Lueck, 678 F.2d 895 (11th Cir. 1982) (recognizable smell of marijuana supports probable cause)
- Michigan v. Long, 463 U.S. 1032 (1983) (officers may take reasonable steps for safety during stop)
- Beckles, 565 F.3d 832 (11th Cir. 2009) (distinguishes knowledge vs. possession in firearm context)
- Deleveaux, 205 F.3d 1292 (11th Cir. 2000) (Justification not negating unlawful possession in this context)
- Thrasher, 569 F.2d 894 (5th Cir. 1978) (government not required to prove knowledge of interstate nexus)
- Pepe, 747 F.2d 632 (11th Cir. 1984) (elements of cross-representation in jury selection)
- Burston, 159 F.3d 1328 (11th Cir. 1998) (prior conviction evidence under Rule 609)
- Edwards, 211 F.3d 1355 (11th Cir. 2000) (harmless error when rights were subsequently explored)
- Flores, 572 F.3d 1254 (11th Cir. 2009) (definition of justification defense elements)