558 F. App'x 727
8th Cir.2014Background
- On June 25, 2011, Royce Weaver and Broderick Paskel exchanged gunfire at a North Little Rock residence; Weaver was injured and discarded his firearm in bushes.
- Police recovered about 40 shell casings from two different firearms; the firearms themselves were not recovered.
- Parties stipulated Weaver had a prior felony conviction (punishable by >1 year) and that the shell casings had moved in interstate commerce.
- A jury convicted Weaver under 18 U.S.C. § 922(g)(1) for being a felon in possession of ammunition.
- At sentencing, the district court applied a 4‑level Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6) for possession of ammunition in connection with another felony (aggravated assault under Arkansas law).
- Weaver appealed; appointed counsel filed an Anders brief challenging sufficiency of the evidence and the sentencing enhancement, and Weaver filed pro se briefs raising additional claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for § 922(g)(1) conviction | Weaver argued the evidence was insufficient because no firearm was recovered and direct proof linking him to the ammunition was lacking | Government relied on stipulations, eyewitness testimony about the shootout, and recovered shell casings to link Weaver to possession of ammunition | Affirmed — viewing evidence in light most favorable to verdict, testimony and stipulations were sufficient to support conviction |
| Applicability of 4‑level § 2K2.1(b)(6) enhancement | Weaver argued enhancement was improper | Government argued Weaver’s exchange of gunfire constituted aggravated assault (a felony) and thus triggered the enhancement | Affirmed — district court did not clearly err; Weaver’s conduct created substantial danger of death or serious injury, satisfying the felony‑connection requirement |
| Applicability of Apprendi/Alleyne | Weaver (pro se) invoked Apprendi/Alleyne to challenge sentencing facts | Government maintained those holdings did not apply | Rejected — court held Apprendi/Alleyne inapplicable to Weaver’s case |
| Jury instruction defining “ammunition” | Weaver contended instruction problematic | Government noted instruction tracked statutory definition | Rejected — instruction followed 18 U.S.C. § 921(a)(17)(A) and was not ambiguous; Weaver failed to preserve a challenge |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (procedural standard for counsel filing a brief asserting appeal is frivolous)
- United States v. Spears, 454 F.3d 830 (8th Cir.) (standard for reviewing sufficiency of the evidence)
- United States v. Miner, 108 F.3d 967 (8th Cir.) (sufficient evidence where shell casings and victim testimony linked defendant to shooting despite no firearm recovered)
- United States v. Kelly, 436 F.3d 992 (8th Cir.) (sufficient evidence for felon‑in‑possession where shell casings and other evidence tied defendant to shooting)
- United States v. Guiheen, 594 F.3d 589 (8th Cir.) (standard of review for Guidelines application and scope of § 2K2.1(b)(6) enhancement)
- Apprendi v. New Jersey, 530 U.S. 466 (due‑process/Apprendi principle regarding facts that increase penalty)
- Alleyne v. United States, 133 S. Ct. 2151 (Supreme Court refining Apprendi re: factfinding that increases mandatory minimums)
- Penson v. Ohio, 488 U.S. 75 (standard for reviewing record to identify nonfrivolous issues when counsel seeks to withdraw)