835 F.3d 796
8th Cir.2016Background
- In July 2014 St. Paul police frisked Leonard Hill and seized 23 rounds of Federal 9mm Luger ammunition; Hill was a convicted felon.
- Grand jury indicted Hill under 18 U.S.C. §§ 922(g) and 924(e) for possession of ammunition “in and affecting interstate and foreign commerce.”
- Hill initially pleaded guilty, moved to withdraw the plea, which the court granted, and proceeded to trial; he stipulated to knowing possession and felon status, leaving interstate-commerce as the sole contested element.
- Government expert Steve Rodgers disassembled two randomly selected rounds, identifying three components (primer, case, bullet) made by Federal in Minnesota and concluding the propellant powder was sourced from outside Minnesota (St. Marks, Florida) and that the other 21 rounds were identical.
- Jury convicted Hill; district court denied motions for judgment of acquittal and sentenced Hill to 192 months; Hill appealed arguing constructive amendment, insufficient interstate-commerce proof, and an inadequate Commerce Clause connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive amendment of indictment | Gov: indictment covering “ammunition” includes components; evidence matched indictment definition | Hill: Gov. presented evidence only about components, altering the charged offense | No amendment: statutory definition of ammunition includes components, so no substantial likelihood of conviction for uncharged offense |
| Sufficiency of evidence re: interstate commerce | Gov: expert showed propellant came from out-of-state supplier, applying to all seized rounds | Hill: Expert evidence did not prove propellant was manufactured out-of-state during the relevant production window | Sufficient: reasonable jury could find propellant sourced outside Minnesota, satisfying the interstate-commerce element |
| Commerce Clause challenge (de minimis connection) | Gov: component traveled interstate, satisfying Section 922(g) and Commerce Clause | Hill: Even if propellant traveled interstate, the connection was de minimis and insufficient under the Commerce Clause | Rejected: binding Eighth Circuit precedent holds assembled ammunition with components that traveled interstate is “in commerce” and satisfies the Commerce Clause |
Key Cases Cited
- United States v. Renner, 648 F.3d 680 (8th Cir. 2011) (standard for constructive amendment review)
- United States v. Johnson, 719 F.3d 660 (8th Cir. 2013) (definition and test for constructive amendment)
- United States v. Gant, 721 F.3d 505 (8th Cir. 2013) (standard for reviewing sufficiency of evidence challenges)
- United States v. Mosby, 60 F.3d 454 (8th Cir. 1995) (holding assembled ammunition is “in commerce” when components traveled interstate)