United States v. Ryan Mudd
2012 U.S. App. LEXIS 12578
| 5th Cir. | 2012Background
- Feb. 12, 2009, parole officers and police searched Mudd's shared residence and found a sawed-off shotgun in a bay window storage compartment.
- The shotgun was in a partially opened black bag; stock protruded and serial had been obliterated, with new-looking tape around it.
- Mudd denied knowledge of the firearm; he was arrested and later said the gun could have been there for years.
- Evidence showed the storage area was in plain view in Mudd's bedroom, with accompanying corroborating photographs.
- Mudd lived in the home for over two months; inconsistencies in his jailhouse statements were later highlighted during interview(s).
- Jury convicted Mudd of felon in possession of a firearm on Sept. 28, 2010; he was sentenced to 77 months and supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for knowing possession | Government: totality supports knowledge and access to weapon. | Mudd: insufficient evidence of knowledge given concealment and joint occupancy. | Evidence supports plausible inference of knowledge; conviction affirmed. |
| Knowledge in hidden-compartment cases | Government: dominant evidence shows knowledge via access and location. | Mudd: no direct knowledge shown beyond dominion over premises. | Totality supports knowing possession in this hidden-compartment context. |
| Credibility of inconsistent statements as circumstantial evidence | Mudd's inconsistent statements indicate guilty knowledge. | Inconsistencies are not enough to prove knowledge. | Inconsistencies, analyzed with other evidence, support guilty knowledge. |
| Sentencing discrepancy between oral pronouncement and written judgment | Written judgment should reflect oral pronouncement unless ambiguous. | Discrepancy is an ambiguity or error; remand as needed. | Conflict exists; remand to conform written judgment to oral pronouncement. |
Key Cases Cited
- United States v. Santillana, 604 F.3d 192 (5th Cir. 2010) (standard for reviewing sufficiency of evidence)
- United States v. Ybarra, 70 F.3d 362 (5th Cir. 1995) (elements of felon in possession of firearm)
- United States v. De Leon, 170 F.3d 494 (5th Cir. 1999) (dominion and knowledge when evaluating possession)
- United States v. Mergerson, 4 F.3d 337 (5th Cir. 1993) (hidden contraband insufficient without knowledge indicators)
- United States v. Onick, 889 F.2d 1425 (5th Cir. 1989) (houseguest connection to drugs too attenuated)
- United States v. Ortega Reyna, 148 F.3d 540 (5th Cir. 1998) (circumstantial indicators of guilt must be closely tied to contraband)
- United States v. Resio-Trejo, 45 F.3d 907 (5th Cir. 1995) (circumstantial evidence of guilty knowledge in hidden-compartment cases)
- United States v. Mireles, 471 F.3d 551 (5th Cir. 2006) (distinction between conflicts and ambiguities in sentencing appeals)