United States v. Terrance Walker
734 F.3d 451
6th Cir.2013Background
- Walker, a convicted felon, was charged with being a felon in possession of ammunition shipped or transported in interstate or foreign commerce.
- A gun found in a Chrysler in which Walker sat as a passenger was manufactured in Ohio, so the government needed to prove the ammunition traveled in commerce.
- Cincinnati officers stopped the car; Walker disobeyed commands while being searched, and a loaded gun with ammunition was found on the floor near the front passenger seat.
- Bezy testified the rounds were manufactured in Russia, with the possibility of reloads or Ohio-made rounds using Russian casings; fingerprint evidence was limited.
- Walker moved for acquittal; the jury found him guilty; he was sentenced to 44 months plus a consecutive 24 months for supervised-release violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence on possession | Walker was not shown to possess the gun | Proximity and conduct indicated no possession | Evidence supported possession, actual or constructive |
| Constructive amendment or prejudicial variance | Bezy's Russia-origin testimony showed interstate nexus only via casings | Government relied on Russia-made rounds; indictment required completed rounds | No constructive amendment or prejudicial variance; evidence matched indictment |
Key Cases Cited
- U.S. v. Bailey, 553 F.3d 940 (6th Cir. 2009) (proximate conduct plus additional evidence supports possession)
- U.S. v. Morrison, 594 F.3d 543 (6th Cir. 2010) (near proximity can show actual possession)
- U.S. v. Montague, 438 F. App’x 478 (6th Cir. 2011) (furtive movements and proximity support constructive possession)
- U.S. v. Craven, 478 F.2d 1329 (6th Cir. 1973) (possession standards for firearm cases)
- U.S. v. Chambers, 408 F.3d 237 (5th Cir. 2005) (constructive amendment analysis for interstate nexus in ammunition cases)