United States v. John Wyatt Mullins, Jr., 698 F.2d 686 (4th Cir. 1983). · Go Syfert
United States v. John Wyatt Mullins, Jr., 698 F.2d 686 (4th Cir. 1983). Cases Citing This Book View Copy Cite
32 citation events (18 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Thomas Steiner (ca3, 2017-02-01)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Thomas Steiner
3rd Cir. · 2017 · confidence medium
Id. at 255-56 (quoting United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983)). 55 .
discussed Cited as authority (rule) Damon Jamel Bradshaw v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
In Acey, we followed “‘the general rule . . . that when a convicted felon acquires two or more firearms in one transaction and stores and possesses them together, he commits only one offense.’” Id. at 251 , 511 S.E.2d at 434 (alteration in original) (quoting United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983)); see also United States v. Verrecchia, 196 F.3d 294 (1st Cir. 1999) (noting that the federal circuits “agree[] that the simultaneous possession of multiple firearms, or a firearm and ammunition, constitutes only one crime”).
discussed Cited as authority (rule) United States v. Douglas Kennedy
3rd Cir. · 2012 · confidence medium
What matters is the defendant’s “course of ... treatment of the firearms,” which “may not be viewed in a frozen, momentary state immediately prior to the seizure.” United *256 States v. Mullins, 698 F.2d 686, 687 (4th Cir.1983).
discussed Cited as authority (rule) State v. Wiggins
N.C. Ct. App. · 2011 · confidence medium
Ed. 2d 223 , 101 S. Ct. 367 (1980), the Fifth Circuit held that a defendant could be separately convicted and sentenced for possessing “several firearms” that he took “from a cabinet” in his residence and a .357 magnum pistol that “he took from under the seat of [his] truck” “[d]uring [a] trip back to [a] shopping center” given that the relevant statutory provision “allows the government to treat each of several firearms not simultaneously received or possessed as separate units of prosecution.” Similarly, in United States v. Mullins, 698 F.2d 686, 687-88 (4th Cir. 1983), c…
discussed Cited as authority (rule) United States v. Donald Ray Goodine (2×)
4th Cir. · 2005 · confidence medium
United States v. Mullins, 698 F.2d 686, 687 (4th Cir.1983) (citations omitted); see also Dunford, 148 F.3d at 390 .
cited Cited as authority (rule) United States v. Goodine
4th Cir. · 2005 · confidence medium
United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983) (citations omitted); see also Dunford, 148 F.3d at 390 .
discussed Cited as authority (rule) Thomas Wayne Clay v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
“In so holding, we follow[ed] ‘[t]he general rule ... that when a convicted felon acquires two or more firearms in one transaction and stores and possesses them together, he commits only one offense.’ ” Id. (quoting United States v. Mullins, 698 F.2d 686, 687 (4th Cir.1983)).
cited Cited as authority (rule) United States v. John Edward Oliver
4th Cir. · 2000 · confidence medium
See Dunford, 148 F.3d at 390 ; United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983).
discussed Cited as authority (rule) Acey v. Commonwealth
Va. Ct. App. · 1999 · confidence medium
In so holding, we follow “[t]he general rule ... that when a convicted felon acquires two or more firearms in one transaction and stores and possesses them together, he commits only one offense.” United, States v. Mullins, 698 F.2d 686, 687 (4th Cir.1983).
discussed Cited as authority (rule) United States v. Grant
1st Cir. · 1997 · confidence medium
The two multiple possession cases on which Grant relies, United States v. Mullins, 698 F.2d 686, 687 (4th Cir. _____________ _______ 1983), and United States v. Frankenberry, 696 F.2d 239, 245 (3d _____________ ____________ Cir. 1982), are different from his situation in one dispositive way.
discussed Cited as authority (rule) United States v. Grant
1st Cir. · 1997 · confidence medium
The two multiple possession eases on which Grant relies, United States v. Mullins, 698 F.2d 686, 687 (4th Cir.1983), and United States v. Frankenberry, 696 F.2d 239, 245 (3d Cir.1982), are different from his situation in one dispositive way.
discussed Cited as authority (rule) United States v. Tyrone Kelly
4th Cir. · 1995 · signal: cf. · confidence medium
Cf. United States v. Mullins, 698 F.2d 686, 687 (4th Cir.) (possession of multiple firearms acquired on different dates supports multiple Sec. 922(g)(1) convictions), cert. denied, 460 U.S. 1073 (1983). 5 Finally, Kelly contends that the district court erred when it sentenced him to consecutive sentences for the consolidated Sec. 922(g)(1) felon-in-possession counts and the Sec. 5861(d) possession of a sawedoff shotgun count.
discussed Cited as authority (rule) United States v. Frederick Dean Hamilton
4th Cir. · 1994 · confidence medium
A momentary possession may be a violation of the statute, but the character of the possession is to be found in the possessor's course of conduct. 55 United States v. Mullins, 698 F.2d 686, 687 (4th Cir.) (emphasis added) (holding that a firearm used in employment security and a firearm kept for personal use supported two separateSec. 1202(a) convictions), cert. denied, 460 U.S. 1073 (1983).
discussed Cited as authority (rule) United States v. Edward Neal Bonavia
11th Cir. · 1991 · confidence medium
The answer to the question whether there was one possession of two guns or two possessions is to be found in the course of his treatment of the firearms.... [T]he character of the possession is to be found in the possessor’s course of conduct. 698 F.2d 686, 687 (4th Cir.1983) (two separate offenses chargeable because evidence sufficiently showed defendant’s disparate course of dealing with two weapons).
cited Cited "see" United States v. Washington
4th Cir. · 1999 · signal: see · confidence high
See United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983).
discussed Cited "see, e.g." In re Richardson
D.C. · 2022 · signal: see also · confidence medium
See also United States v. Mullins, 698 F.2d 686, 687 (4th Cir. 1983) (distinguishing, under the same statute at issue in Dunford, between multiple weapons acquired in a single transaction (one offense) and weapons acquired at different times or places (separate offenses)).
discussed Cited "see, e.g." United States v. Sherrill Gary Brinkley
4th Cir. · 1995 · signal: see also · confidence medium
United States v. Tellez, 11 F.3d 530, 534 (5th Cir.1993), cert. denied, 62 U.S.L.W. 3705 (U.S.1994); United States v. Berry, 977 F.2d 915, 920 (5th Cir.1992) (citing Ball v. United States, 470 U.S. 856, 865 (1985)); United States v. Szalkiewicz, 944 F.2d 653, 654 (9th Cir.1991); see also United States v. Mullins, 698 F.2d 686, 688 (4th Cir.) (construing 18 U.S.C.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
John Wyatt MULLINS, Jr., Appellant
81-5305.
Court of Appeals for the Fourth Circuit.
Jan 27, 1983.
698 F.2d 686
Harwell M. Darby, Jr., Roanoke, Va. (Eggleston, Glenn & Feldmann, Roanoke, Va., on brief), for appellant., Thomas J. Bondurant, Asst. U.S. Atty., Roanoke, Va., Bonnie L. Paul, Third Year Law Student (John P. Alderman, U.S. Atty., Jean B. Weld, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.
Hall, Ervin, Haynsworth.
Cited by 24 opinions  |  Published
HAYNSWORTH, Senior Circuit Judge:

Mullins, a convicted felon, was convicted of possession of a Rossi .38 caliber revolver and of a second count of possession of an Eibar .38 caliber revolver, each in violation of 18 U.S.C.App. § 1202(a). Consecutive sentences of two years’ imprisonment were imposed.

[*687] Each of the guns was seized during a search of a room occupied by Mullins as his bedroom. One of them was in a cardboard box atop a refrigerator, while the other was between two mattresses on a bed. The question presented is whether it was proper for the district judge to impose consecutive sentences when the guns were discovered and seized in the same room during the same search.

I.

The general rule is that when a convicted felon acquires two or more firearms in one transaction and stores and possesses them together, he commits only one offense under § 1202(a)(1). United States v. Bullock, 615 F.2d 1082 (5th Cir.), cert. denied, 449 U.S. 957, 101 S.Ct. 367, 66 L.Ed.2d 223 (1980); United States v. Rosenbarger, 536 F.2d 715 (6th Cir.), cert. denied, 431 U.S. 965, 97 S.Ct. 2920, 53 L.Ed.2d 1060 (1976); United States v. Calhoun, 510 F.2d 861 (7th Cir.) cert. denied, 421 U.S. 950, 95 S.Ct. 1683, 44 L.Ed.2d 84 (1975). If no more appears than that the defendant was in possession of the several firearms at the same place and moment before their seizure, it is impermissible for a fact-finder to speculate that they may have been acquired in separate transactions or separately stored or treated. If it can be shown, however, that the seized weapons were acquired at different times and places, multiple prosecutions and consecutive sentences are permissible notwithstanding seizure at the same time and place. United States v. Wiga, 662 F.2d 1325 (9th Cir.1981), cert. denied, 456 U.S. 918, 102 S.Ct. 1775, 72 L.Ed.2d 178; United States v. Bullock, supra; United States v. Killebrew, 560 F.2d 729 (6th Cir.1977).

II.

There was no direct evidence that Mullins initially acquired the two weapons in separate transactions, but there was substantial testimony that his possessions of them were separate in use.

Mullins ran an illegal establishment where hard liquor was sold. For a time at least, he owned a second such establishment some distance away, which was generally operated by an employee named Woody. Woody testified that Mullins gave him the Eibar for protection of himself and the business at the second establishment. He kept the Eibar for some five or six months, after which he returned it to Mullins. He also testified that he had seen the Rossi in the handbag of defendant’s wife, Maria Mullins. That testimony was confirmed by Maria, who had seen Woody carrying the Eibar. According to her, she would drive her husband to and from Axton when he visited the second establishment, and on those occasions she would carry the Rossi in her handbag. She returned the handgun to Mullins after the termination of each such trip.

III.

Although the two guns were seized together, logic and the scheme of § 1202(a) strongly suggest that his acts of possession may not be viewed in a frozen, momentary state immediately prior to the seizure. The answer to the question whether there was one possession of the two guns or two possessions is to be found in the course of his treatment of the firearms. A momentary possession may be a violation of the statute, but the character of the possession is to be found in the possessor’s course of conduct. This is entirely consistent with Bullock and the other cases cited above.

At least during the months of Woody’s employment, the Eibar was used principally to provide armed protection for Woody at the Axton establishment, while the Rossi was used to provide armed protection for Mullins in his principal establishment. If the delivery of the Eibar to Woody be regarded as a loan, he was lending the two weapons to two different persons at different times and reacquiring each at different times. On the other hand, if, because of the circumstances under which Maria carried the Rossi in her handbag, it may be said that Mullins also retained constructive possession of each of the weapons, his use of one was clearly separate from the[*688] use of the other and each possession was separate from the other.

Accordingly, we conclude that Mullins was chargeable with two separate offenses under § 1202(a) because the evidence sufficiently showed his disparate course of dealing with the two weapons. The trial court’s imposition of consecutive sentences was therefore proper.

IV.

We have considered the defendant’s other contentions on appeal, and find them to be without merit. Accordingly, we affirm.

AFFIRMED.