United States v. Harold Dorman
2017 U.S. App. LEXIS 11159
| D.C. Cir. | 2017Background
- FBI traced a Dodge Charger linked to an October 22, 2013 jewelry-store robbery to 2317 Chester St. SE, listed in public records as Harold Dorman’s address; agents executed a search warrant at the residence.
- Search recovered multiple items: a Glock under a first-floor couch; a vial of PCP near a living-room vase; a loaded Ruger and drug paraphernalia in a basement bedroom that contained Dorman’s clothes and papers; and a 15.2 oz. juice bottle full of PCP on the basement laundry-room floor. Empty prescription bottles were found in a basement hallway.
- Dorman was indicted on: Count 1 (possession with intent to distribute ≥100 g PCP), Count 2 (felon in possession of firearm/ammunition, §922(g)(1)), and Count 3 (possessing a firearm during a drug-trafficking offense, §924(c)).
- At trial, Dorman’s mother testified the basement bedroom was prepared for and primarily used by Dorman; multiple people had access to the house and used the basement laundry room; Dorman was not present during the search and phoned his mother during its execution saying “I’m sorry.”
- The jury convicted on all counts. On appeal the D.C. Circuit affirmed the §922(g) conviction (Count 2) based on constructive possession of the gun in Dorman’s bedroom, but reversed Counts 1 and 3 for insufficient evidence of constructive possession of the PCP and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Dorman) | Held |
|---|---|---|---|
| Constructive possession of PCP (Count 1) | PCP and paraphernalia were in the home; Dorman’s bedroom and its proximity plus a gun in his room and his mother’s testimony (and his apology) supported constructive possession. | Dorman was not present; PCP was hidden in common areas accessible to many; no direct link (fingerprints/DNA) to him; bedroom use was non-exclusive. | Reversed — evidence insufficient to show Dorman knew of and exercised dominion and control over PCP. |
| Felon-in-possession of firearm (Count 2, §922(g)(1)) | Gun found wedged in mattress of basement bedroom identified as Dorman’s room; his personal effects and exclusive sleeping there supported constructive possession. | Others had access to the home; Dorman not present at search. | Affirmed — sufficient evidence Dorman constructively possessed the gun in his bedroom. |
| §924(c) (firearm during drug-trafficking) (Count 3) | Gun and drugs in same house support finding of firearm possession in furtherance of drug trafficking. | Drug possession finding insufficient, so §924(c) cannot stand. | Reversed — because Count 1 reversed, insufficient predicate drug-trafficking offense for §924(c). |
| Search-warrant affidavit and cross-examination limits | Affidavit established probable cause tying Charger to Dorman and address; cross-examination restrictions were proper. | Affidavit omitted material facts (non-identification by victim, mischaracterized car); limiting cross-exam of mother violated confrontation/due process. | No reversible error as to Count 2: probable-cause challenges failed; cross-exam limits, if error, were harmless beyond a reasonable doubt for the firearm conviction. |
Key Cases Cited
- United States v. Alexander, 331 F.3d 116 (D.C. Cir. 2003) (constructive-possession requires knowledge plus dominion and control)
- United States v. Jenkins, 928 F.2d 1175 (D.C. Cir. 1991) (distinguishes drugs in plain view in common areas from hidden stashes when assessing constructive possession)
- United States v. Booker, 436 F.3d 238 (D.C. Cir. 2006) (proximity plus a firearm can be a “plus factor” supporting constructive possession)
- In re Sealed Case, 105 F.3d 1460 (D.C. Cir. 1997) (insufficient proof of dominion and control where defendant was not in position to exercise control)
- United States v. Dykes, 406 F.3d 717 (D.C. Cir. 2005) (possession in a sole-occupant bedroom can support constructive-possession finding)
- United States v. Harris, 515 F.3d 1307 (D.C. Cir. 2008) (emphasizes limits on attributing possession for items hidden in shared spaces)