United States v. John Woolsey, Jr.
2014 U.S. App. LEXIS 13637
8th Cir.2014Background
- In April 2012 deputies recovered a .22 pistol and a box of ammunition from Eric Burley’s vehicle after Burley died of a self-inflicted gunshot wound; investigation linked the gun and ammo to John H. Woolsey, Jr.
- Woolsey admitted buying the gun years earlier (yard sale in Wyoming) and later giving it to Burley in December 2011; he separately bought and later gave a box of ammunition (from Wal‑Mart) to Burley in April 2012.
- Woolsey had prior felony convictions (aggravated assault and resisting arrest) and was indicted on two counts under 18 U.S.C. § 922(g)(1): possession of a firearm and possession of ammunition.
- Woolsey moved to dismiss on Second Amendment grounds; the district court denied the motion. A jury convicted him on both counts; he received an 84‑month sentence (below guidelines).
- On appeal Woolsey argued (1) the two § 922(g)(1) counts were multiplicitous and (2) § 922(g)(1) is unconstitutional facially and as‑applied. The Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Multiplicity of two § 922(g)(1) counts (firearm vs. ammunition) | Counts are the same offense because possession overlapped in time; separate counts could improperly suggest multiple crimes and increase sentence | Gun and ammunition were acquired/stored separately months apart, so two separate units of prosecution; no prejudice shown because PSR grouped counts and sentence was below guidelines | Affirmed. No plain error: separate acquisition/storage created distinct units of prosecution and Woolsey showed no prejudice |
| Constitutionality of § 922(g)(1) (facial and as‑applied) | § 922(g)(1) violates Second Amendment on its face and as applied to Woolsey | Precedent rejects facial challenge; Woolsey’s felony history (including violent offenses) does not distinguish him for a successful as‑applied challenge | Affirmed. Facial challenge rejected; as‑applied challenge fails because Woolsey’s record places him among those historically barred from firearm rights |
Key Cases Cited
- United States v. Platter, 514 F.3d 782 (8th Cir. 2008) (standard for de novo review of certain claims)
- United States v. Pirani, 406 F.3d 543 (8th Cir. 2005) (plain‑error review framework when claim not raised below)
- United States v. Richardson, 439 F.3d 421 (8th Cir. 2006) (unit of prosecution for § 922(g) is an incident of possession; gun+ammo ordinarily one offense absent separate acquisition/storage)
- Bell v. United States, 349 U.S. 81 (1955) (discussing allowable unit of prosecution)
- United States v. Joos, 638 F.3d 581 (8th Cir. 2011) (rejecting facial Second Amendment challenge to § 922(g)(1))