United States v. Michael Bryant
682 F. App'x 221
| 4th Cir. | 2017Background
- Michael Bryant, a convicted felon, was tried and convicted by a jury for possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- At trial Bryant moved for a mistrial and for judgment of acquittal, arguing the Government breached a pretrial agreement that precluded certain evidence and that the breach prejudiced the jury beyond cure by instructions.
- Bryant also contended the evidence was insufficient to prove he possessed the firearm (actual or constructive possession) required under § 922(g)(1).
- The district court denied both the mistrial and acquittal motions; Bryant appealed those denials to the Fourth Circuit.
- The Fourth Circuit reviewed the mistrial denial for abuse of discretion and the sufficiency challenge de novo, applying the standard that the jury verdict stands if supported by substantial evidence.
- The Fourth Circuit affirmed, finding no abuse of discretion on the mistrial claim and sufficient evidence to support Bryant’s conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court should have granted mistrial after alleged Government breach of pretrial agreement | Bryant: Government breached agreement by eliciting/introducing prohibited evidence; prejudice required mistrial | Govt: Any breach did not prejudice the jury and curative instruction sufficed | Court: Denial of mistrial not an abuse of discretion; curative instruction adequate |
| Whether evidence was sufficient to prove possession of firearm under § 922(g)(1) | Bryant: Evidence insufficient to show he had actual or constructive possession | Govt: Evidence permitted reasonable jury to find Bryant had dominion/control (constructive or joint possession) | Court: Evidence was substantial; conviction supported |
Key Cases Cited
- United States v. Johnson, 587 F.3d 625 (4th Cir.) (standard for reviewing denial of mistrial)
- United States v. Wallace, 515 F.3d 327 (4th Cir.) (no prejudice where jury can follow curative instructions)
- United States v. Hassan, 742 F.3d 104 (4th Cir.) (standard for reviewing sufficiency of the evidence)
- Glasser v. United States, 315 U.S. 60 (U.S. 1942) (jury verdicts sustained if supported by substantial evidence)
- United States v. Adams, 814 F.3d 178 (4th Cir.) (elements of a § 922(g)(1) offense)
- United States v. Gallimore, 247 F.3d 134 (4th Cir.) (constructive possession and proof of dominion and control)