United States v. Ryan Cornelison
2013 U.S. App. LEXIS 12731
| 8th Cir. | 2013Background
- Cornelison lived at his grandfather's Jefferson Street house; he sometimes told probation he lived alone.
- In 2011 a confidential informant reported illegal items at the house and police later searched a locked bedroom.
- Six firearms and a flak jacket were found in the locked bedroom; Cornelison was not present at the search.
- August 3, 2011 arrest followed; Cornelison admitted he lived at the house and claimed firearms belonged to deceased relatives.
- Indicted in November 2011 for being a felon in possession of firearms; a prior conviction for unlawful possession of firearms was admitted under Rule 404(b) with a limiting instruction.
- At sentencing the district court imposed the minimum Guideline fine; Cornelison did not object to findings in the PSR about his ability to pay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession | Cornelison lacked knowledge of firearms. | Evidence showed lack of dominion or knowledge. | Sufficient evidence supported knowing possession |
| Admission of prior felony-in-possession conviction under Rule 404(b) | Prior conviction relevant to knowledge/intent; probative and not undue prejudice. | Conviction was unduly prejudicial and not probative of current knowledge. | District court did not abuse discretion; proper balancing and limiting instruction applied |
| Reasonable-doubt instruction | Updated model instruction should have been given. | District court's instruction was adequate and commonly used. | No error; instruction given adequately conveyed reasonable doubt |
| Theory-of-the-defense instruction | Defendant entitled to a mere-presence/defense theory instruction. | Duplication of elements-covered instructions; not needed. | No error; instruction was duplicative and not required |
| Imposition of fine | Judge should consider inability to pay; require findings. | Minimum fine appropriate given ability to pay; no plain error. | No plain-error reversal; fine properly imposed with findings |
Key Cases Cited
- United States v. Mabry, 3 F.3d 244 (8th Cir. 1993) (normal inference of dominion where firearm at residence supports possession)
- United States v. Strong, 415 F.3d 902 (8th Cir. 2005) (prior-firearm conviction probative for knowledge/intent; limiting instruction aids balancing)
- Cantrell, 530 F.3d 684 (8th Cir. 2008) (mere-presence instruction often unnecessary when evidence links defendant to weapons)
- Serrano-Lopez, 366 F.3d 628 (8th Cir. 2004) (constructive possession requires knowledge; dictates framework for possession analysis)
- Mader v. United States, 654 F.3d 794 (8th Cir. 2011) (one-panel bound by prior-panel decisions)
- United States v. Balanga, 109 F.3d 1299 (8th Cir. 1997) (distinguishes dominion vs. mere residence knowledge in possession cases)