United States v. Joseph Donahue
681 F. App'x 171
3rd Cir.2017Background
- Donahue was convicted in 2010 of federal offenses and sentenced to 121 months; he signed a conditions-of-release form warning that failure to surrender could result in prosecution.
- He failed to surrender on January 4, 2011; an arrest warrant issued January 5 and he was later found in New Mexico with a firearm.
- Charged and tried (trial began August 24, 2015) for possession of a firearm by a fugitive and possession of a stolen firearm; jury convicted.
- Evidence at trial included: travel out of state and use of an alias, false ID and utility notices, materials about being a fugitive, and a gun hidden in a boot inside a duffle with clothes and cash in the trunk of Donahue’s car.
- The stolen-gun context: the firearm belonged to an off-duty police officer and was reported missing from a ski resort the same time Donahue and his daughters were at that resort.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Donahue was a "fugitive from justice" under 18 U.S.C. § 921(a)(15) | Government: Donahue left the state and took actions (alias, false ID, fugitive materials) showing intent to avoid surrender/prosecution | Donahue: He left before an arrest warrant/charges were pending, so lacked requisite intent to be a fugitive | Court: Sufficient evidence of intent to avoid prosecution; reasonable jury could find him a fugitive (affirmed) |
| Whether intent to flee must exist when leaving the state | Government: intent can be shown by knowledge that prosecution was substantially certain if he failed to surrender | Donahue: Must have intended to flee at time of departure (relies on Ninth Circuit Durcan) | Court: Need not adopt Durcan; but even under that standard jury could infer intent from signed release, officer meeting, and decision to leave (affirmed) |
| Whether evidence supported conviction for possession of a stolen firearm under 18 U.S.C. § 922(j) | Government: concealment, location (duffle in trunk with cash), and ski-resort context show knowing possession and awareness the gun was someone’s missing property | Donahue: Mere picking up/keeping a found gun does not prove theft or knowledge it was stolen | Court: Evidence permitted a reasonable jury to find knowing possession, that the gun was stolen, and that Donahue knew or had reasonable cause to believe it was stolen (affirmed) |
Key Cases Cited
- United States v. Dent, 149 F.3d 180 (3d Cir. 1998) (standard for reviewing sufficiency of the evidence)
- United States v. Donahue, 764 F.3d 293 (3d Cir. 2014) (prior related appellate decision involving defendant)
- United States v. Durcan, 539 F.2d 29 (9th Cir. 1976) (discusses requirement that intent to flee exist when leaving state)
- United States v. Spillane, 913 F.2d 1079 (4th Cir. 1990) (rejects Durcan rule and cautions against exempting defendants who leave a state before charges are pending)
- United States v. White, 816 F.3d 976 (8th Cir. 2016) (elements of § 922(j) theft-based charge)
- United States v. Turley, 352 U.S. 407 (1957) (interpretation of the term “stolen” in statutory context)
- United States v. Tyerman, 701 F.3d 552 (8th Cir. 2012) (treats “stolen” more broadly than common-law larceny for § 922(j) purposes)