United States v. Levonia Gray
2012 U.S. App. LEXIS 24221
| 8th Cir. | 2012Background
- Gray was convicted by a jury of being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(e).
- The government argued Gray knowingly possessed two firearms stored by Damita Marks after he began living in her home.
- Witnesses Marks and Tate testified to Gray's possession and use of firearms, including threatening Tate with the weapons.
- Police recovered the firearms from under a washing machine after Marks directed Officer Ragan to their location.
- Gray testified he did not know of or possess any firearms; the jury resolved credibility inconsistencies in favor of the government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of possession evidence | Gray possessed the firearms. | Eyewitnesses were uncorroborated and insufficient. | Sufficiency established; verdict affirmed. |
Key Cases Cited
- United States v. Teague, 646 F.3d 1119 (8th Cir. 2011) (sufficiency review de novo; view most favorable to gov)
- United States v. Piwowar, 492 F.3d 953 (8th Cir. 2007) (standard for sufficiency review; resolve conflicts in gov's favor)
- United States v. Moya, 690 F.3d 944 (8th Cir. 2012) (jury credibility determinations are for the jury)
- United States v. Aldridge, 664 F.3d 705 (8th Cir. 2011) (credibility determinations favor the verdict)
- United States v. Herbst, 666 F.3d 504 (8th Cir. 2012) (reversible only if no reasonable doubt of guilt)
- United States v. Tucker, 689 F.3d 914 (8th Cir. 2012) (elements of felon in possession)