United States v. Joshua Green
835 F.3d 844
| 8th Cir. | 2016Background
- On Jan. 30, 2012, a methamphetamine buy at Hayes’s residence escalated into a shootout; Green and Hayes fired guns, victims were wounded, and firearms/ammunition were later recovered.
- Journigan (middleman) and others testified about Green bringing four bundles of methamphetamine into Hayes’s home that day and that Green and Hayes held Journigan at gunpoint.
- Law enforcement executed a consent search of Green’s residence (Feb. 2, 2012) and recovered multiple firearms, phones, a laptop, scales, baggies, and ~7 grams of methamphetamine from bags in an air vent; additional ammunition and clothing were found elsewhere.
- Phones and a computer seized in 2012 were not searched until May 2014; the government obtained a warrant and produced results about one week before trial; the district court excluded some inculpatory electronic evidence as a discovery sanction but admitted limited material.
- Green and Hayes were convicted after a joint trial of conspiracy to possess with intent to distribute methamphetamine (21 U.S.C. §§ 841, 846), and 18 U.S.C. § 924(c) counts for possessing/brandishing/discharging firearms in furtherance of a drug trafficking crime; Hayes also convicted under 18 U.S.C. § 922(g)(1) (felon in possession).
Issues
| Issue | Appellants' Argument | Government's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for methamphetamine conspiracy | Jury’s special verdict (finding <50 g) shows conviction rested only on ~7 g found at Green’s house after shootout; evidence doesn’t link that 7 g to the charged conspiracy and appellants withdrew at shootout | Evidence of pre-Jan.30 conspiracy, Green bringing meth into Hayes’s home that day, and trafficking indicia at Green’s home support conspiracy; quantity finding affects sentencing range only | Affirmed. Evidence, viewed favorably to verdict, was sufficient; withdrawal not established and quantity finding does not negate conspiracy conviction. |
| Sufficiency of evidence for Hayes’s § 922(g) (felon in possession) | Hayes lacked proof of knowing possession of the Ruger 9mm | Receipt for 9mm ammo on Hayes, eyewitness testimony of guns displayed at home, empty Ruger box in plain view, and other corroboration support constructive possession | Affirmed. Reasonable jury could find Hayes had dominion/control over the firearm. |
| Motion to suppress / discovery violation (delayed search of phones/computer; Rule 16) | Continued government possession and late search violated Fourth Amendment and discovery rules; suppression/exclusion required | Government conceded delay was error, but obtained warrant and produced results; district court excluded some material as sanction and admitted limited items; any Fourth Amendment error was harmless given independent evidence | Affirmed. Any Fourth Amendment error was harmless beyond a reasonable doubt; district court did not abuse discretion in discovery sanctions. |
| Denial of jury instruction on justification defense | Appellants sought to present self-defense/justification (for shootings) | Government: justification not available/unsupported; even if available, appellants failed to meet elements (e.g., did not avoid reckless placement in danger, had alternatives like calling police) | Affirmed. No adequate evidentiary foundation for instruction; defendants failed to show required elements. |
Key Cases Cited
- United States v. White, 816 F.3d 976 (8th Cir.) (standard for sufficiency review)
- United States v. Rolon-Ramos, 502 F.3d 750 (8th Cir.) (drug-quantity is not an essential element of conspiracy)
- Smith v. United States, 133 S. Ct. 714 (2013) (withdrawal does not negate conspiracy offense; conspiracy is continuing)
- United States v. Zimmer, 299 F.3d 710 (8th Cir.) (requirements to establish withdrawal from conspiracy)
- United States v. Shepard, 462 F.3d 847 (8th Cir.) (withdrawal requires affirmative action; not mere cessation)
- United States v. Poe, 442 F.3d 1101 (8th Cir.) (elements required to assert justification defense in firearms cases)