United States v. Elton Barnes, Jr.
670 F. App'x 121
| 4th Cir. | 2016Background
- Elton Barnes, Jr. convicted by federal jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
- District court sentenced Barnes to 120 months’ imprisonment; Barnes appealed.
- On appeal Barnes challenged admission of an out-of-court statement as hearsay and a Confrontation Clause violation.
- Barnes also challenged a four-level Sentencing Guidelines enhancement for possession of a firearm with an altered/obliterated serial number, noting the jury acquitted him of that specific charge.
- The Fourth Circuit reviewed evidentiary rulings for abuse of discretion and Guideline calculations de novo for legal conclusions and for clear error as to facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of out-of-court statement (hearsay) | Statement was inadmissible hearsay and admission violated Barnes’ Sixth Amendment right to confront witnesses | Admission was not reversible error; any error was harmless and statement was not shown to be testimonial | Any evidentiary error harmless; not shown to be testimonial so no Confrontation Clause violation |
| Guidelines enhancement for altered/obliterated serial number | Enhancement improper because jury acquitted Barnes of § 922(k) charge | Enhancement permissible because Guidelines and criminal statute have different elements and enhancement does not require knowledge | Enhancement proper; court may apply enhancement based on preponderance even for acquitted conduct |
Key Cases Cited
- United States v. Moore, 810 F.3d 932 (4th Cir. 2016) (distinguishing testimonial statements for Confrontation Clause purposes)
- United States v. Weaver, 282 F.3d 302 (4th Cir. 2002) (review of evidentiary rulings for harmless error)
- United States v. Manigan, 592 F.3d 621 (4th Cir. 2010) (standard of review for Sentencing Guidelines calculations)
- United States v. Haywood, 363 F.3d 200 (3d Cir. 2004) (knowledge of altered/obliterated serial number is element of § 922(k))
- United States v. Perry, 560 F.3d 246 (4th Cir. 2009) (acquitted conduct may be considered at sentencing if found by preponderance)
Affirmed by unpublished per curiam opinion.