United States v. Winston Eugene Mitchell, Sr., 209 F.3d 319 (4th Cir. 2000). · Go Syfert
United States v. Winston Eugene Mitchell, Sr., 209 F.3d 319 (4th Cir. 2000). Cases Citing This Book View Copy Cite
119 citation events (97 in the last 25 years) across 37 distinct courts.
Strongest positive: Lewis v. Village of Alsip, IL (ilnd, 2021-07-27)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Lewis v. Village of Alsip, IL
N.D. Ill. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
lambert's reach has been exceedingly limited.
examined Cited as authority (verbatim quote) United States v. Chester (4×) also: Cited as authority (rule)
4th Cir. · 2010 · quote attribution · 2 verbatim quotes · confidence high
congress determined that the possession of a gun by one convicted of domestic violence put the possessor's partner at undue risk.
cited Cited as authority (rule) Miller v. Garland
E.D. Va. · 2023 · confidence medium
United States v. Mitchell, 209 F.3d 319, 323 (4th Cir. 2000); Benedetto v. Sessions, No. CV CCB-17-0058, 2017 WL 4310089 , at *4 (D.
discussed Cited as authority (rule) United States v. Edward Wass
4th Cir. · 2020 · signal: cf. · confidence medium
Gould, 568 F.3d at 466 ; see Carr, 560 U.S. at 447 ; cf. United States v. Mitchell, 209 F.3d 319, 322 (4th Cir. 2000) (rejecting an ex post facto challenge to a conviction under 18 U.S.C. § 922 (g)(9), even though the defendant’s predicate domestic-violence conviction occurred before the relevant statutory amendment, “because the conduct prohibited by § 922(g)(9) is the possession of a firearm,” which in the defendant’s case came after the amendment); United States v. Presley, 52 F.3d 64, 68 (4th Cir. 1995) (rejecting a similar ex post facto challenge to an Armed Career Criminal Act …
discussed Cited as authority (rule) United States v. Morgan
D.D.C. · 2017 · confidence medium
Likewise, the; Fourth Circuit has held that “[i]t is immaterial that [defendant's- firearm purchase and domestic violence conviction occurred prior to § 922(g)(9)’s enactment because the conduct prohibited by § 922(g)(9) is the possession of a firearm.” United States v. Mitchell, 209 F.3d 319, 322 (4th Cir. 2000).
discussed Cited as authority (rule) Kevin Lamont Martin v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
E.g., United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994); United States v. Gillies, 851 F.2d 492, 495-96 (1st Cir.1988) (Breyer, J.); Finley v. State, 282 Ark. 146 , 666 S.W.2d 701, 702-03 (1984); Landers v. State, 250 Ga. 501 , 299 S.E.2d 707, 710 (1983); State v. Swartz, 601 N.W.2d 348, 350-51 (Iowa 1999); State v. Williams, 358 So.2d 943, 945-46 (La.1978); People v. Tice, 220 Mich.App. 47 , 558 N.W.2d 245, 246-47 (1996).
discussed Cited as authority (rule) Willie Anderson Cullop v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Analysis Appellant’s “pleas for particularized notice . . . run headlong into the fundamental principle that ‘ignorance of the law is no excuse.’” United States v. Mitchell, 209 F.3d 319, 323 (4th Cir. 2000) (citations omitted).
discussed Cited as authority (rule) United States v. Stephen McFadden
4th Cir. · 2014 · confidence medium
McFadden’s argument fails because it flouts the wellsettled general principle that “ignorance of the law is no excuse.” See United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000) (citation omitted).
discussed Cited as authority (rule) State v. Harris
Mo. · 2013 · confidence medium
Accord United States v. Denis, 297 F.3d 25, 32 (1st Cir.2002); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000); United States v. Boyd, 52 F.Supp.2d 1233, 1236-37 (D.Kan.1999); United States v. Meade, 986 F.Supp. 66, 69 (D.Mass.1997).
discussed Cited as authority (rule) United States v. Gregg Stein
7th Cir. · 2013 · confidence medium
See Shelton, 325 F.3d at 563 ; United States v. Hancock, 231 F.3d 557, 562-63 (9th Cir.2000); United States v. Hutzell, 217 F.3d 966, 967-68 (8th Cir.2000); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000); United States v. Beavers, 206 F.3d 706, 708-10 (6th Cir.2000).
discussed Cited as authority (rule) People v. DeWitt
Colo. Ct. App. · 2011 · confidence medium
See, eg., United States v. Pfeifer, 371 F.3d 430, 436-37 (8th Cir.2004) (so long as the act of possessing a firearm is committed after enactment of a federal statute proscribing possession by a prior offender, there is no ex post facto violation); United States v. Hemmings, 258 F.3d 587, 594 (7th Cir.2001); United States v. Mitchell, 209 F.3d 319, 822-23 (4th Cir.2000); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994); State v. Swartz, 601 N.W.2d 348, 350-51 (Iowa 1999); State v. Peters, 261 Neb. 416 , 622 N.W.2d 918, 924-25 (2001) (rejecting an ex post facto challenge to Nebraska's P…
discussed Cited as authority (rule) Ross v. Federal Bureau of Alcohol, Tobacco, & Firearms
D. Maryland · 2011 · confidence medium
See, e.g., United States v. Vongxay, 594 F.3d 1111, 1119 (9th Cir.2010) (upholding § 922(g)(1)); United States v. Wilson, 118 Fed.Appx. 974, 977 (7th Cir.2004) (same); United States v. Lewis, 236 F.3d 948, 949 (8th Cir.2001) (upholding § 922(g)(9)); United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000) (same).
discussed Cited as authority (rule) United States v. Talada (2×) also: Cited "see"
S.D.W. Va · 2009 · confidence medium
As stated above, “[t]o fall within the ex post facto prohibition, a law must be retrospective — that is, it must apply to events occurring before its enactment — and it must disadvantage the offender affected by it by altering the definition of criminal conduct or increasing the punishment for the crime.” United States v. Mitchell, 209 F.3d 319, 321 (4th Cir.2000).
discussed Cited as authority (rule) Microsoft Corp. v. Pronet Cyber Technologies, Inc.
E.D. Va. · 2009 · confidence medium
Importantly, it is well-settled that “unless the text of a statute dictates a different result, the term ‘knowingly’ merely requires proof of knowledge of the facts that constitute the offense.” Bryan v. United States, 524 U.S. 184, 193 , 118 S.Ct. 1939 , 141 L.Ed.2d 197 (1998), quoted in United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000) (use of “knowingly” in 18 U.S.C. § 924 (a)(2) requires factual, not legal, knowledge), United States v. Gilbert, 430 F.3d 215, 219 (4th Cir.2005) (same), and United States v. Fuller, 162 F.3d 256, 260 (4th Cir.1998) (same for 21 U.S.C. �…
discussed Cited as authority (rule) United States v. Gillette
D.V.I. · 2008 · confidence medium
In *887 cases such as United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir. 2000) (involving violation of 18 U.S.C. § 922 (g)(9)), cited by the Government, and United States v. Gillies, 851 F.2d 492, 495 (1st Cir. 1988) (involving violation of 18 U.S.C. § 922 (g)(1)), courts have determined that the interstate commerce element of federal firearm possession crimes does not criminalize the interstate movement of a firearm.
discussed Cited as authority (rule) United States v. Jones
6th Cir. · 2007 · confidence medium
See, e.g., United States v. Haire, 89 Fed.Appx. 551, 555 (6th Cir.2004) (unpublished); United States v. Pfeifer, 371 F.3d 430, 436-37 (8th Cir.2004); United States v. Hemmings, 258 F.3d 587, 594 (7th Cir.2001); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994).
cited Cited as authority (rule) United States v. Lovejoy
D.N.D. · 2007 · confidence medium
United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000) (knowledge that firearm ownership was prohibited not necessary to sustain conviction under 18 U.S.C. § 922 (g)).
discussed Cited as authority (rule) United States v. John G. Reynard (2×) also: Cited "see"
9th Cir. · 2007 · confidence medium
Because it thoroughly discussed Reynard's potential reliance and settled expectations, see Reynard, 220 F.Supp.2d at 1151-57 , the district court did not fail to conduct a "commonsense" inquiry. 8 Reynard concedes the existence of cases stating that it is permissible to prohibit an individual from engaging in specific conduct based on a prior conviction sustained before the criminal statute's enactment See United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000).
discussed Cited as authority (rule) United States v. Jones
4th Cir. · 2006 · confidence medium
See, e.g., United States v. Frazier- El, 204 F.3d 553, 561 (4th Cir. 2000) (government need not prove that defendant knew possession of particular type of firearm was pro- UNITED STATES v. JONES 7 hibited); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir. 2000) (government need not establish that defendant knew possessing a fire- arm was illegal); United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir. 1999) (same); United States v. Langley, 62 F.3d 602, 606 (4th Cir. 1995) (en banc) (government need not prove defendant’s knowl- edge of his felony status or firearm’s interstate nexus…
discussed Cited as authority (rule) United States v. Charles E. Jones, Iii, A/K/A Chuckie
4th Cir. · 2006 · confidence medium
See, e.g., United States v. Frazier-El, 204 F.3d 553, 561 (4th Cir.2000) (government need not prove that defendant knew possession of particular type of firearm was prohibited); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000) (government need not establish that defendant knew possessing a firearm was illegal); United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.1999) (same); United States v. Langley, 62 F.3d 602, 606 (4th Cir.1995) (en banc) (government need not prove defendant’s knowledge of his felony status or firearm’s interstate nexus).
discussed Cited as authority (rule) United States v. Chiles
4th Cir. · 2006 · confidence medium
While the evidence produced at trial relating to possession was conflicting, we are required to view it in the light most favorable to the Government. 1 See United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.2000) (citing Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).
discussed Cited as authority (rule) State v. Bryant
N.C. · 2005 · confidence medium
Ed. 2d 356, 362 (1971) (reversing lower court’s dismissal of charges against defendant for unlawfully possessing an unregistered destructive device because “one would hardly be surprised to learn that possession of hand grenades is not an innocent act”); United States v. Mitchell, 209 F.3d 319, 323 (4th Cir. 2000), cert. denied, 531 U.S. 849 , 148 L.
cited Cited as authority (rule) State v. Johnson
N.C. Ct. App. · 2005 · confidence medium
See United States v. O’Neal, 180 F.3d 115, 124-25 (4th Cir. *305 1999); United States v. Mitchell, 209 F.3d 319, 333 (4th Cir.), cert. denied, 31 U.S. 849 , 148 L.
discussed Cited as authority (rule) UNITED STATES OF AMERICA, — v. ROBERT LEE PFEIFER, ALSO KNOWN AS BARNEY PFEIFER, — (2×) also: Cited "see"
8th Cir. · 2004 · confidence medium
See United States v. Hemmings, 258 F.3d 587, 594 (7th Cir.2001); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000); cf. United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994) (upholding conviction under felon in possession statute even where predicate felony conviction occurred decades before enactment of the statute).
discussed Cited as authority (rule) United States v. Robert Lee Pfeifer (2×) also: Cited "see"
8th Cir. · 2004 · confidence medium
See United States v. Hemmings, 258 F.3d 587, 594 (7th Cir. 2001); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir. 2000); cf. United States v. Brady, 26 F.3d 282, 290-91 (2d Cir. 1994) (upholding conviction under felon in possession statute even where predicate felony conviction occurred decades before enactment of the statute).
cited Cited as authority (rule) United States v. Morse
4th Cir. · 2004 · confidence medium
United States v. Mitchell, 209 F.3d 319, 323-24 (4th Cir.2000).
cited Cited as authority (rule) United States v. Williams
4th Cir. · 2004 · confidence medium
See United States v. Bostic, 168 F.3d 718, 724 (4th Cir.1999) (Tenth Amendment); United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000) (Fifth Amendment).
discussed Cited as authority (rule) Commonwealth v. Norling
Mass. Super. Ct. · 2003 · confidence medium
The Fourth Circuit, in United States v. Mitchell, reasoned that, “an individual’s domestic violence conviction should put that person on notice that subsequent possession of a gun might well be subject to regulation.” 209 F.3d 319, 322-23 (4th Cir. 2000).
cited Cited as authority (rule) United States v. Ayers
4th Cir. · 2003 · confidence medium
We have rejected similar claims in United States v. Bostic, 168 F.3d 718, 724 (4th Cir.1999) (Tenth Amendment), and United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000) (Fifth Amendment).
discussed Cited as authority (rule) United States v. Denis (2×) also: Cited "see"
1st Cir. · 2002 · confidence medium
See Hancock, 231 F.3d at 564 (“[B]y committing] the domestic violence offense, [appellant] removed himself from the class of ordinary and innocent citizens who would expect no special restrictions on the possession of a firearm.” (internal quotation marks omitted)); Hutzell, 217 F.3d at 968 (concluding that “an individual’s domestic violence conviction -should itself put that person on notice that subsequent possession of a gun might well be subject to regulation”); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000) (concluding that appellant’s “conduct in assaulting …
discussed Cited as authority (rule) United States v. Butner
4th Cir. · 2002 · confidence medium
A jury verdict "must be sustained if there is substantial evidence, taking the review most favorable to the Government, to support it." Glasser v. United States, 315 U.S. 60, 80 (1942); United States v. Mitchell, 209 F.3d 319, 324 (4th Cir. 2000) (citation omit- ted).
discussed Cited as authority (rule) United States v. William E. Butner, United States of America v. William E. Butner
4th Cir. · 2002 · confidence medium
A jury verdict “must be sustained if there is substantial evidence, taking the review most favorable to the Government, to support it.” Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942); United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.2000) (citation omitted).
discussed Cited as authority (rule) Varnes v. State
Tex. App. · 2001 · confidence medium
Davies, The Jurisprudence of Willfulness: An Evolving Theory of Excusable Ignorance, 48 Duke L.J. 341 , 358 n. 72 (1998) (both quoting Lambert, 355 U.S. at 232 , 78 S.Ct. 240 (Frankfurter, J., dissenting)); see also United States v. Kafka, 222 F.3d 1129, 1132-33 (9th Cir.2000) (issuance of restraining order held sufficient to put defendant on notice that it would be illegal for him to possess a firearm); United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000) (commission of domestic violence put defendant on sufficient notice that it was unlawful for him to possess a firearm).
discussed Cited as authority (rule) United States v. Rivera
D.D.C. · 2001 · confidence medium
His second challenge, that § 922(g)(9) violates the constitution’s prohibition of ex post facto punishment, also fails because he does not show either that the law applied to events occurring before its enactment, see, e.g., United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000), or that it increased the punishment for prior conduct, see, e.g., Wiley v. Bowen, 824 F.2d 1120, 1122 (D.C.Cir.1987); De Veau v. Braisted, 363 U.S. 144, 160 , 80 S.Ct. 1146 , 4 L.Ed.2d 1109 (1960).
discussed Cited as authority (rule) United States v. Barrett
5th Cir. · 2001 · confidence medium
See United States v. Beavers, 206 F.3d 706, 709-10 (6th Cir.), cert. denied, 529 U.S. 1121 (2000); United States v. Hutzell, 217 F.3d 966, 968-69 (8th Cir. 2000), cert. denied, S. Ct. , 2001 WL 285845 (U.S. Mar. 26, 2001) (No. 00-7605); United States v. Hancock, 231 F.3d 557, 563-64 (9th Cir. 2000), petition for cert. filed (U.S. Mar. 26, 2001) (No. 00-9017); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.), cert. denied, 121 S. Ct. 123 (2000).
discussed Cited as authority (rule) United States v. Ball
4th Cir. · 2001 · confidence medium
Ball’s argument is foreclosed by our decision in United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.), cert. denied, 531 U.S. 849 , 121 S.Ct. 123 , 148 L.Ed.2d 78 (2000) (“It is immaterial that [defendant’s] firearm purchase and domestic violence conviction occurred prior to § 922(g)(9)’s enactment because the conduct prohibited by § 922(g)(9) is the possession of a firearm.”).
discussed Cited as authority (rule) United States v. Thomson
D. Utah · 2001 · confidence medium
Defendant’s arguments on ex post facto grounds have not been specifically addressed by the Tenth Circuit, but they have been addressed by other district courts within the Tenth Circuit and found unpersuasive. 1 In United States v. Boyd, *1229 52 F.Supp.2d 1233, 1236-37 (D.Kan.1999), aff'd, 211 F.3d 1279 (10th Cir.2000), the court recognized that all courts deciding such a challenge “have concluded that because the illegal act in § 922(g)(9) is the possession of the firearm, not the misdemeanor domestic violence conviction, the illegal act was not completed until after § 922(g)(9) became …
cited Cited as authority (rule) United States v. Cornelius Studifin
4th Cir. · 2001 · confidence medium
United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.) (quoting Glasser v. United States, 315 U.S. 60, 80 (1942)), cert. denied, 121 S. Ct. 123 (2000).
discussed Cited as authority (rule) United States v. Cornelius Douglas Studifin
4th Cir. · 2001 · confidence medium
United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.) (quoting Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)), cert. denied, — U.S. -, 121 S.Ct. 123 , 148 L.Ed.2d 78 (2000).
discussed Cited as authority (rule) United States v. Jevan Anderson
4th Cir. · 2000 · confidence medium
"When assessing the sufficiency of the evidence of a criminal conviction on direct review, `[t]he verdict of [the] jury must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.'" United States v. Mitchell, No. 99-4008, 2000 WL 309298, at *5 (4th Cir. Mar. 27, 3 2000) (quoting Glasser v. United States, 315 U.S. 60, 80 (1942)).
discussed Cited "see" Peterson v. Gunderson
Idaho Ct. App. · 2022 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir. 2000) (holding prohibition against possessing firearm enacted after conviction did not violate ex post facto doctrine); Corcoran v. Sessions, 261 F. Supp. 3d 579, 601-02 (D.
discussed Cited "see" Com. v. Moore, J.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See U.S. v. Mitchell, 209 F.3d 319, 322-323 (4th Cir. 2000) (finding no ex post facto violation when prosecution under Gun Control Act for possession of firearm was triggered by domestic violence conviction which occurred prior to enactment of Act), cert. denied, 531 U.S. 849 (2000).12 ____________________________________________ 12 We note that while federal decisions are not binding on this Court, it is well-established that those decisions “may serve as persuasive authority in resolving analogous cases.” Commonwealth v. Haskins, 60 A.3d 538 , 548 n. 9 (Pa.Super. 2012) (citation omitted)…
discussed Cited "see" Com. v. Schwickrath, R.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 322-32 (4th Cir. 2000) (discussing 18 U.S.C. § 922 and collecting cases). -9- J.S17037/16 has not shown that the changes in the VUFA impacted him, and we have no basis to grant relief based on Appellant’s first two arguments.
discussed Cited "see" Com. v. Grove, B. (2×)
Pa. Super. Ct. · 2015 · signal: see · confidence high
See Mitchell, supra, 209 F.3d at 321 .
cited Cited "see" United States v. Hinen
W.D. Va. · 2007 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 323-24 (4th Cir.2000); United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.1999).
cited Cited "see" United States v. Reynard
9th Cir. · 2007 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir. 2000).
cited Cited "see" United States v. Lewis
4th Cir. · 2006 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.2000) (citing Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).
discussed Cited "see" United States v. Jacquez
D.N.M. · 2005 · signal: see · confidence high
See United States v. Kimoana, 383 F.3d 1215, 1226 (10th Cir.2004) (“[S]everal courts have found a defendant’s consent to be voluntary where the officers approached the defendant with guns drawn, but then holstered thejn once the area was secured and before asking for consent to search.” (citing United States v. Mitchell, 209 F.3d 319, 324 (4th Cir.2000); United States v. Broussard, 80 F.3d 1025, 1036 (5th Cir.1996); United States v. Alfonso, 759 F.2d 728, 741 (9th Cir.1985); United States v. Jones, 154 F.Supp.2d 617, 620-21 (S.D.N.Y.2001))); United States v. Iribe, *1300 11 F.3d 1553, 15…
cited Cited "see" United States v. Mills
4th Cir. · 2003 · signal: see · confidence high
See United States v. Mitchell, 209 F.3d 319, 323 (4th Cir.2000); see also United States v. Barnes, 295 F.3d 1354, 1367 (D.C.Cir. 2002); United States v. Hutzell, 217 F.3d 966, 968-69 (8th Cir.2000).
discussed Cited "see" Swartz v. Mathes
N.D. Iowa · 2003 · signal: see · confidence high
See United States v. Mitchell (‘‘Mitchell”), 209 F.3d 319, 322-23 (4th Cir.2000) (“It is immaterial that [the defendant’s] firearm purchase and domestic violence conviction occurred prior to [18 U.S.C.] § 922(g)(9)’s enactment because the conduct prohibited by [18 U.S.C.] § 922(g)(9) is the possession of a firearm .... [Thus,] the application of [18 U.S.C.] § 922(g)(9) to [the defendant] does not run afoul of the ex post facto prohibition.”); United States v. Boyd, 52 F.Supp.2d 1233, 1236-37 (D.Kan.1999), aff'd 211 F.3d 1279 (10th Cir.2000), (concluding the illegal act was not…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Winston Eugene MITCHELL, Sr., Defendant-Appellant
99-4008.
Court of Appeals for the Fourth Circuit.
Mar 27, 2000.
209 F.3d 319
2000 U.S. App. LEXIS 5109
2000 WL 309298
Argued: Dale Warren Dover, Alexandria, Virginia, for Appellant. Kathleen Marie Kahoe, Assistant United States Attorney, Alexandria, Virginia, for Appellee. On Brief: Helen F. Fahey, United States Attorney, Alexandria, Virginia, for Appel-lee.
Wilkinson, Williams, Traxler.
Cited by 87 opinions  |  Published
Pinpoint authority: bottom 53%

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

WILKINSON, Chief Judge.

Winston Mitchell was convicted under 18 U.S.C. § 922(g)(9), which makes it unlawful for a person convicted of a misdemean- or crime of domestic violence to possess a firearm. He also was convicted of pos[*321] sessing a silencer in violation of 26 U.S.C. § 5861(d). On appeal, Mitchell challenges his convictions on a number of grounds. Finding no merit in any of his claims, we affirm.

I.

In February-1996 appellant Winston Eugene Mitchell purchased a .38 caliber handgun in Alexandria, Virginia. A month later, Mitchell was arrested for assaulting his wife, Verlette Mitchell. On June 5, 1996, Mitchell was convicted of misdemeanor assault and battery. Mitchell and his wife continued to live together after this incident.

On September 30, 1996, Congress amended the Gun Control Act of 1968 to make it illegal for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition. The amended provision states: “It shall be unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence, to .ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g)(9) (1994 & Supp. IV 1998). Congress determined that the possession of a gun by one convicted of domestic violence put the possessor’s partner at undue risk. See, e.g., United States v. Lewitzke, 176 F.3d 1022, 1026-27 (7th Cir.1999). The applicable penalty provision reads, “Whoever knowingly violates subsection [ (g) ] of section 922 shall be fined as provided in this title, imprisoned not more than 10 years or both.” 18 U.S.C. § 924(a)(2) (1994).

On July 20, 1998, nearly two years after the enactment of § 922(g)(9), Verlette Mitchell notified the Alexandria City Police Department that her husband had threatened her. She also told the police that Mitchell possessed a handgun and a homemade silencer. She then gave the police permission to search her home in order to secure these items. That same day a warrant was issued for Mitchell’s arrest on stalking charges.

At approximately 10:30 that evening, Officers Henry and Fard arrested Mitchell outside his home. Thinking Mitchell might be armed, the officers approached him with their weapons drawn, ordered him to the ground, and handcuffed him. They .searched Mitchell for weapons and found none. Mitchell’s adult daughter, Tecinda Mitchell, emerged from the Mitchell home to see what was going on. While Officer Henry stayed with Mitchell, Fard walked onto the Mitchell porch to talk with Tecinda. Shortly thereafter, Mr. Mitchell consented to a search of his home and told Henry exactly where to find the gun. Henry relayed this information to Fard. Fard testified that Tecinda also consented to the search. Tecinda allowed Fard into the home and took him up to her parents’ bedroom. Here Fard found Mitchell’s .38 caliber handgun as well as 23 rounds of ammunition. Fard also recovered a plastic bottle stuffed with carpet padding, a device the government argues is a homemade silencer.

Oh August 5, 1998, a grand jury returned a three-count indictment against Mitchell for (1) illegally possessing a firearm in violation of § 922(g)(9), (2) illegally possessing ammunition in violation of § 922(g)(9), and (3) illegally possessing a silencer in violation of 26 U.S.C. § 5861(d) (1994). Mitchell filed a number of pretrial motions. The district court denied both his motion to dismiss the indictment as unconstitutional under the Ex Post Fac-to Clause and his motion-to suppress the items séized from the Mitchell home.

On September 29, 1998, a jury convicted Mitchell on all three counts. He was sentenced to 48 months imprisonment. Mitchell now appeals his convictions, and we address his claims in'turn.

[*322] II.

A.

Mitchell first argues that § 924(a)(2) required the government to prove that Mitchell knew that possessing a firearm was illegal. We disagree. Section 924(a)(2) provides: “Whoever knowingly violates subsection [ (g) ] of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.” The Supreme Court has noted that “the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law.” Bryan v. United States, 524 U.S. 184, 192, 118 S.Ct. 1939, 141 L.Ed.2d 197 (1998) (internal quotation marks omitted). The Bryan Court concluded, “unless the text of the statute dictates a different result, the term ‘knowingly’ merely requires proof of knowledge of the facts that constitute the offense.” Id. at 193, 118 S.Ct. 1939. Bryan found that the text of 18 U.S.C. § 924(a)(1)(B), a sister provision of § 924(a)(2), did not dictate a different result. Id. Section 924(a)(1)(B) provides criminal penalties for “whoever knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922.” As this mens rea language is identical to that in § 924(a)(2), the Bryan rule is applicable in the present context. Mitchell’s reliance on Liparota v. United States, 471 U.S. 419, 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985), is thus misplaced because the statutory language in Liparota differs from that in Bryan and the instant case.

The rule in Bryan has been applied without exception by this and other circuits when interpreting § 924(a)(2)’s application to subsection (g) firearm possession crimes. See, e.g., United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.), cert. denied, — U.S. -, 119 S.Ct. 2383, 144 L.Ed.2d 785 (1999); United States v. Beavers, 206 F.3d 706, 708-09 (6th Cir.2000); United States v. Meade, 175 F.3d 215, 226 n. 5 (1st Cir.1999); United States v. Wilson, 159 F.3d 280, 289 (7th Cir.1998). Even before Bryan, circuit courts, including this one, understood this to be the rule. See, e.g., United States v. Langley, 62 F.3d 602, 605-06 (4th Cir.1995) (en banc) (“[T]he only knowledge the government was required to prove in a prosecution under [§ 924(a)(2) and § 922(g)(1) ] was knowledge of the possession.... ”); United States v. Capps, 77 F.3d 350, 352 (10th Cir.1996) (“[N]o circuit has extended the knowledge component of [§ 924(a)(2) and § 922(g)(1) ] beyond the act of possession itself.”).

B.

Mitchell next argues that as applied to him, § 922(g)(9) violates the Ex Post Facto Clause because both his firearm purchase and misdemeanor domestic violence conviction occurred prior to § 922(g)(9)’s enactment. See U.S. Const, art. I, § 9, cl. 3.

Again we disagree. “To fall within the ex post facto prohibition, a law must be retrospective — that is, it must apply to events occurring before its enactment— and it must disadvantage the offender affected by it by altering the definition of criminal conduct or increasing the punishment for the crime.” Lynce v. Mathis, 519 U.S. 433, 441, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997) (citations and internal quotation marks omitted). It is immaterial that Mitchell’s firearm purchase and domestic violence conviction occurred prior to § 922(g)(9)’s enactment because the conduct prohibited by § 922(g)(9) is the possession of a firearm. See, e.g., United States v. Boyd, 52 F.Supp.2d 1233, 1236-37 (D.Kan.1999) (“This court, as have all others deciding such a challenge, have concluded that ... the illegal act in § 922(g)(9) is the possession of the firearm, not the misdemeanor domestic violence conviction....”); National Ass’n of Gov’t Employees v. Barrett, 968 F.Supp. 1564, 1575-76 (N.D.Ga.1997), aff'd sub nom. Hiley v. Barrett, 155 F.3d 1276 (11th Cir.1998). As it is undisputed that Mitchell possessed the 'firearm after the[*323] enactment of § 922(g)(9), the law’s application to Mitchell does not run afoul of the ex post facto prohibition.

Courts addressing similar ex post facto challenges to § 922(g)(9) have all agreed with this conclusion. See, e.g., Boyd, 52 F.Supp.2d at 1286-37; McHugh v. Rubin, 49 F.Supp.2d 105, 108 (E.D.N.Y.1999); United States v. Hicks, 992 F.Supp. 1244, 1245-46 (D.Kan.1997); United States v. Meade, 986 F.Supp. 66, 69 (D.Mass.1997), aff'd, 175 F.3d 215 (1st Cir.1999); Barrett, 968 F.Supp. at 1575-76. Analogous ex post facto challenges to other similarly worded firearm possession crimes have also failed. See, e.g., United States v. D’Angelo, 819 F.2d 1062, 1065-66 (11th Cir.1987) (Defendant “was in possession of the pistol after the enactment of the statute. Proof of [defendant’s] possession obviated the need for proof of the date [defendant] received the pistol.”); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994); United States v. Gillies, 851 F.2d 492, 495 (1st Cir.1988).

C.

Mitchell next contends that his conviction under § 922(g)(9) violates the Due Process Clause of the Fifth Amendment. He specifically argues that he did not have notice that his continued possession of the firearm was illegal. The statute made perfectly clear, however, that Mitchell’s possession of the firearm was unlawful. Mitchell’s pleas for particularized notice thus run headlong into the fundamental principle that “ignorance of the law is no excuse.” See, e.g., Barlow v. United States, 32 U.S. (7 Pet.) 404, 411, 8 L.Ed. 728 (1833) (“It is a common maxim, familiar to all minds, that ignorance of the law will not excuse any person, either civilly or criminally....”); Bryan, 524 U.S. at 195 & n. 21, 118 S.Ct. 1939; United States v. International Minerals & Chem. Corp., 402 U.S. 558, 563-65, 91 S.Ct. 1697, 29 L.Ed.2d 178 (1971); Shevlin-Carpenter Co. v. Minnesota, 218 U.S. 57, 68, 30 S.Ct. 663, 54 L.Ed. 930 (1910).

Mitchell counters by arguing that his prosecution under § 922(g)(9) falls within an. exception to this maxim. See Lambert v. California, 355 U.S. 225, 228, 78 S.Ct. 240, 2 L.E.d.2d 228 (1957). The Lambert Court addressed a city ordinance that criminally penalized felons who remained in Los Angeles more than five days without registering with the police. Id. at 226-27, 78 S.Ct. 240. The Court held that a conviction under the registration provision violated due process when the defendant had no notice whatsoever that remaining in the city might lead to criminal prosecution. See id. at 228-30, 78 S.Ct. 240. While the Lambert Court did hold that the Due Process Clause requires some minimum threshold notice to defendants, Lambert ’s reach has been exceedingly limited. In fact, the Supreme Court stated that its application has been so circumscribed that it gives “some credence to Justice Frankfurter’s colorful prediction in dissent [in Lambert ] that the case would stand as ‘an isolated deviation from the strong current of precedents — a derelict on the waters of the law.’ ” Texaco, Inc. v. Short, 454 U.S. 516, 537-38 n. 33, 102 S.Ct. 781, 70 L.Ed.2d 738 (1982) (quoting Lambert, 355 U.S. at 232, 78 S.Ct. 240 (Frankfurter, J., dissenting)).

In the instant case, Mitchell’s conduct in assaulting his wife — the act that led to-his misdemeanor domestic violence conviction — put Mitchell on sufficient notice. This court in United States v. Bostic rejected an analogous due process challenge to 18 U.S.C. § 922(g)(8), which makes it unlawful for a person subject to a domestic violence protective order to possess a firearm. 168 F.3d 718, 722-23 (4th Cir.1999). The court concluded, “By engaging in abusive conduct toward [his wife and child, the defendant] removed himself from the class of ordinary citizens” to the point where he could not “reasonably expect to be free from regulation when possessing a firearm.” Id. at 722; see also United States v. Reddick, 203 F.3d 767, 769-71 (10th Cir.2000); United States v. Baker, 197[*324] F.3d 211, 220 (6th Cir.1999); Meade, 175 F.3d at 226; Wilson, 159 F.3d at 288-89. We find this reasoning persuasive in the present context. Accord United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000).

III.

Mitchell further argues that the district court erred in denying his pre-trial motion to suppress items seized from his home. We hold, however, that the district court did not err by finding that Mitchell, his wife Verlette, and his adult daughter Tec-inda all independently consented to the search.

It is undisputed that Mitchell consented to the search shortly after his arrest. Mitchell, however’ argues his consent was invalid because it was the product of police duress and coercion. Whether Mitchell voluntarily consented is a question of fact which will be reversed only if after examining the totality of the circumstances, we conclude that the district court’s finding was clearly erroneous. See, e.g., Schneckloth v. Bustamonte, 412 U.S. 218, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Even accepting Mitchell’s allegations as true that the officers failed to notify him of his Miranda rights and his right to refuse consent for the search, we cannot conclude that the district court clearly erred by finding his consent to be voluntary. Mitchell was fifty years old and because of past arrests was not “a newcomer to the law.” United States v. Watson, 423 U.S. 411, 424-25, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976). In addition, Mitchell consented only a few minutes after being arrested, and he told the police exactly where they could find the gun. Although Mitchell was arrested at gunpoint, the officers holstered their weapons as soon as Mitchell was handcuffed. And after Mitchell was secured there is no evidence that the police threatened Mitchell or used any violence against him. See id. at 424, 96 S.Ct. 820.

Verlette Mitchell also consented to the search earlier that day. And as she had “common authority” over the Mitchell home, her consent was valid. See, e.g., United States v. Matlock, 415 U.S. 164, 171 & n. 7, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974). Verlette Mitchell’s name was on the lease, she had keys to the house, and her clothing and belongings were in the house. Tecinda Mitchell also validly consented because it was reasonable under the circumstances for the police to conclude that she had “common authority” over the house. See, e.g., Illinois v. Rodriguez, 497 U.S. 177, 188-89, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990). She was at the Mitchell home the night of the search, and she allowed the officer to enter the home and took him upstairs to her parents’ room. Throughout, she never gave any indication that she did not live at the Mitchell home. •,

IV.

Mitchell finally contends that there was insufficient evidence produced at trial for the jury to conclude that he violated 26 U.S.C. § 5861(d). Section 5861(d) makes it unlawful to possess an unregistered firearm — in this case a silencer as defined in 18 U.S.C. § 921(a)(24) (1994). When assessing the sufficiency of the evidence of a criminal conviction on direct review, “[t]he verdict of [the] jury must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942). Reviewing the evidence in this manner, we must decide whether it supports the finding that Mitchell knew that the device entered into evidence by the government — the plastic bottle stuffed with carpet padding — had the characteristics of a silencer.

The government’s evidence passes this threshold. Mitchell’s wife testified that Mitchell kept the device in the same bin where he kept his gun and ammunition. She also recounted seeing Mitchell put the[*325] device in his fanny pack along with his gun. The government’s firearms expert testified that the device reduced gunshot noise by half. The expert also pointed out the “irregular cut in the bottom of the bottle, ... an A-type cut ... with a circular portion on the bottom.” The expert explained that the barrel and sight of Mitchell’s gun could be inserted into this cut. He concluded that in his expert opinion the device was a rudimentary, improvised firearm silencer. The testimony of these witnesses provides substantial evidence that Mitchell knew that the device had the characteristics of a silencer.

V.

For the foregoing reasons, the judgment of the district court is

AFFIRMED.