United States v. Jeffrey Allen Stoltz
683 F.3d 934
8th Cir.2012Background
- Special Agents investigated a drug overdose death in Minnesota and learned a dealer may be at a known drug house in Lowry.
- Deputy Sorenson stopped a green SUV, driven by Stoltz, for a missing front license plate under state law.
- A pat-down occurred after Stoltz exited the SUV; a digital scale and cash were found; officers later linked Stoltz to the vehicle.
- A search warrant for the SUV was obtained; during execution, a wallet between the driver's seat and center console contained Stoltz’s license and pawn receipts for firearms.
- Pawn receipts showed Stoltz pawned a shotgun, two shotgun barrels, and a rifle at Viking Pawn; Viking Pawn employees linked the firearms to Stoltz.
- Stoltz was charged with being a felon in possession of a firearm; he challenged suppression, Rule 609 evidence, and the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was correct | Stoltz argues illegal arrest and scope issues. | Stoltz contends improper search/seizure after stop and warrant scope overreach. | Denial of suppression affirmed; stop and search lawful within scope. |
| Rule 609 admissibility of prior convictions for a government witness | Tillberg's convictions should be admitted to attack credibility. | Convictions were stale or not the proper type for falsity; warrant the exclusion. | District court did not abuse discretion; two convictions excluded. |
| Sufficiency of evidence for felon in possession | Evidence showed Stoltz possessed firearms via pawn receipts and control over the items. | No proof Stoltz actually carried or touched firearms. | Sufficient evidence of actual possession; conviction affirmed. |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (police may order occupant out after lawful traffic stop)
- United States v. Long, 320 F.3d 795 (8th Cir. 2003) (routine traffic stop may extend if necessary during tasks)
- United States v. Bowman, 660 F.3d 338 (8th Cir. 2011) (suspicion may grow during stop as facts unfold)
- United States v. Weinbender, 109 F.3d 1327 (8th Cir. 1997) (searches extend to all areas where object may be found)
- United States v. Swanson, 9 F.3d 1354 (8th Cir. 1993) (Rule 609(a) abuse of discretion standard)
- United States v. Collier, 527 F.3d 695 (8th Cir. 2008) (disorderly conduct conviction not crimen falsi; not probative under 609(a)(2))
- United States v. Felix, 867 F.2d 1068 (8th Cir. 1989) (ten-year rule under Rule 609(b) is a rebuttable presumption against admissibility)
- United States v. Rogers, 542 F.3d 197 (7th Cir. 2008) (confinement excludes probation; ten-year clock starts at release from confinement)
- United States v. Hernandez, 972 F.2d 885 (9th Cir. 1992) (evidence supporting pawn of firearm can prove possession)