United States v. Edward Molton, Jr.
2014 U.S. App. LEXIS 2931
| 7th Cir. | 2014Background
- On March 14, 2012, FBI agents responded to a shooting of Kenneth Brown (leader of the Waverly Crips) in East St. Louis and later went to Brown’s family home.
- Agents observed Edward Molton standing across the street near a tree; after someone yelled “It’s just the feds,” Molton moved behind the tree and then returned; agents recovered a loaded semi‑automatic rifle behind that tree and arrested Molton.
- Molton denied possession; a cellmate (Jevon Strayhorn) testified Molton admitted he and a partner retrieved the rifle from a porch, hid it by the tree, and worried about fingerprints.
- Molton was indicted under 18 U.S.C. § 922(g) for unlawful possession of a firearm by a convicted felon; a jury convicted him after a three‑day trial.
- The district court sentenced Molton to 108 months’ imprisonment (above the 63–78 month guidelines range but below the 120‑month statutory maximum), citing his criminal history, risk of recidivism, and the need for general deterrence; the court also issued a 39‑page memorandum describing violent crime in East St. Louis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of gang‑affiliation evidence | Gov: gang evidence relevant to motive, presence, and reason for firearm | Molton: evidence unduly prejudicial, risks guilt by association | Admissible — district court did not abuse discretion; limiting instruction given |
| Sufficiency of evidence of possession | Gov: agents’ observations + recovery of rifle + Strayhorn’s testimony supported knowing possession | Molton: no one saw him holding the gun; circumstantial, dark conditions, no fingerprints, inconsistent statements | Sufficient — jury rationally inferred knowing possession; conviction affirmed |
| Substantive reasonableness of above‑guidelines sentence | Gov: variance justified by defendant’s history, danger, and need for deterrence; memo supported general deterrence | Molton: court overemphasized irrelevant city corruption data and underweighted his abusive upbringing | Reasonable — court considered § 3553(a) factors, gave adequate individualized justification; sentence affirmed |
Key Cases Cited
- United States v. Alviar, 573 F.3d 526 (7th Cir.) (standard of review for evidentiary rulings)
- United States v. Santiago, 643 F.3d 1007 (7th Cir.) (caution on prejudicial effect of gang evidence)
- United States v. Montgomery, 390 F.3d 1013 (7th Cir.) (gang evidence admissible to show motive)
- United States v. Butler, 71 F.3d 243 (7th Cir.) (gang/security role as motive for gun possession)
- United States v. Ozuna, 674 F.3d 677 (7th Cir.) (deference to district court evidentiary determinations)
- United States v. Love, 706 F.3d 832 (7th Cir.) (standard for reviewing sufficiency of the evidence)
- Gall v. United States, 552 U.S. 38 (2007) (abuse‑of‑discretion review of substantive reasonableness and need for individualized § 3553(a) analysis)
- United States v. Taylor, 701 F.3d 1166 (7th Cir.) (greater variance requires stronger justification)
- United States v. Hill, 645 F.3d 900 (7th Cir.) (sentencing review and § 3553(a) considerations)