United States of Am., Plaintiff—appellee v. Anthony Donnelle Brown, Defendant—appellant, 422 F.3d 689 (8th Cir. 2005). · Go Syfert
United States of Am., Plaintiff—appellee v. Anthony Donnelle Brown, Defendant—appellant, 422 F.3d 689 (8th Cir. 2005). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Jhanmay Molina-Perez (ca8, 2010-02-23)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Jhanmay Molina-Perez
8th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
we have long held that the jury 'is always the ultimate arbiter of a witness's credibility,' and thus we 'will not disturb the jury's findings' on appeal.
discussed Cited as authority (verbatim quote) United States v. Benjamin Thomas
8th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
we have long held that the jury is always the ultimate arbiter of a witness's credibility, and thus we will not disturb the jury's findings on appeal.
cited Cited as authority (rule) United States v. Frank Gallardo
8th Cir. · 2020 · confidence medium
United States v. Brown, 422 F.3d 689, 692 (8th Cir. 2005).
discussed Cited as authority (rule) State v. Rhodes
Conn. · 2020 · confidence medium
Ed. 2d 162 (1970), a defendant who enters a guilty plea does not admit guilt but, rather, acknowledges that the state’s case is so strong that he is willing to enter a plea of guilty. 4 General Statutes § 29-35 (a) provides in relevant part: ‘‘No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. . . .’’ 5 The defendant does not challenge her conviction of using a motor vehicle without the owner’s permissio…
discussed Cited as authority (rule) United States v. Dallas Wayne Thundershield
8th Cir. · 2018 · confidence medium
“Attacks on the sufficiency of the evidence that call upon this court to scrutinize the credibility of witnesses are generally not an appropriate ground for reversal.” United States v. McKay, 431 F.3d 1085, 1094 (8th Cir. 2005) (citation omitted). “[W]e have long held that the jury ‘is always the ultimate arbiter of a witness’s credibility,’ and thus we ‘will not disturb the jury’s findings’ on appeal.” United States v. Brown, 422 F.3d 689, 692 (8th Cir. 2005) (first quoting United States v. Espino, 317 F.3d 788, 794 (8th Cir. 2003); then citing United States v. Porter, 409…
discussed Cited as authority (rule) United States v. Jason Devers
8th Cir. · 2013 · confidence medium
See United States v. Spears, 454 F.3d 830, 832 (8th Cir.2006) (standard of review); United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005) (elements of felon-in-possession offense); see also United States v. Bradley, 473 F.3d 866, 868 (8th Cir.2007) (while *609 mere physical proximity is insufficient to establish constructive possession of firearm found in vehicle driven by another, factfinder may infer defendant had control of it based on totality of circumstances, which included defendant’s movements indicative of reaching to check on or hide firearm); United States v. Sianis, 275 F.3…
discussed Cited as authority (rule) United States v. Jason Harriman
8th Cir. · 2012 · confidence medium
See United States v. Spears, 454 F.3d 830, 832 (8th Cir.2006) (standard of review for sufficiency of evidence after jury trial); United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005) (felon-in-possession conviction requires proof beyond reasonable doubt that defendant had previously been convicted of crime punishable by term of imprisonment exceeding 1 year, that he knowingly possessed firearm, and that firearm had been in or had affected interstate commerce); United States v. Sianis, 275 F.3d 731, 733-34 (8th Cir.2002) (constructive possession of firearm is established where defendant h…
discussed Cited as authority (rule) United States v. Gregory Glenn
8th Cir. · 2010 · confidence medium
See United States v. Spears, 454 F.3d 830, 832 (8th Cir.2006) (on appeal from conviction after jury trial, appellate court reviews sufficiency of evidence in light most favorable to government, resolving evidentiary conflicts in favor of government, accepting all reasonable inferences that support verdict, and neither weighing evidence nor assessing credibility of witnesses); United States v. White, 506 F.3d 635, 641 (8th Cir.2007) (standard of review for sufficiency-of-evidence challenge after bench trial is same as standard applied when reviewing jury verdict); United States v. Brown, 422 F.…
discussed Cited as authority (rule) United States v. Thomas
8th Cir. · 2009 · confidence medium
See United States v. Funchess, 422 F.3d 698, 701 (8th Cir.2005) (“We do not consider attacks on witnesses’ credibility when we are evaluating an appeal based upon the sufficiency of the evidence.”); United States v. Brown, 422 F.3d 689, 692 (8th Cir.2005) (“[W]e have long held that the jury is always the ultimate arbiter of a witness’s credibility, and thus we will not disturb the jury’s findings on appeal.”) (internal quotations omitted).
cited Cited as authority (rule) United States v. Williams
8th Cir. · 2008 · confidence medium
United States v. Brown, 422 F.3d 689, 692 (8th Cir.2005).
cited Cited as authority (rule) United States v. Robert Lee Williams
8th Cir. · 2008 · confidence medium
United States v. Brown, 422 F.3d 689, 692 (8th Cir. 2005).
cited Cited as authority (rule) United States v. Dean Wade Guenther
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir. 2005).
cited Cited as authority (rule) United States v. Dean Wade Guenther
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005).
cited Cited as authority (rule) United States v. William J. Headbird
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir. 2005).
cited Cited as authority (rule) United States v. William Joseph Headbird
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005).
discussed Cited as authority (rule) United States v. Ronald Donelson, Also Known as Essie Donelson (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005).
discussed Cited as authority (rule) United States v. Ronald Donelson (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 691-92 (8th Cir. 2005).
discussed Cited as authority (rule) United States v. Ricky Davis (2×)
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 692 (8th Cir.2005).
cited Cited as authority (rule) United States v. Ricky Davis
8th Cir. · 2006 · confidence medium
United States v. Brown, 422 F.3d 689, 692 (8th Cir. 2005).
cited Cited "see" United States v. Antonio Speed
8th Cir. · 2014 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005) (felon-in-possession elements).
discussed Cited "see" United States v. Darwin Zoch
8th Cir. · 2012 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005) (elements to be proved for felon-in-possession conviction); United States v. Sianis, 275 F.3d 731, 733-34 (8th Cir.2002) (constructive possession is established when defendant has dominion over premises where firearm is located).
discussed Cited "see" United States v. Molina-Perez
8th Cir. · 2010 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 692 (8th Cir.2005) ("[W]e have long held that the jury 'is always the ultimate arbiter of a witness's credibility,’ and thus we 'will not disturb the jury's findings' on appeal.") (citation omitted); United States v. Porter, 409 F.3d 910, 915 (8th Cir.2005) ("We enjoy no greater vantage point on the appeal than did the jury at trial, and we have no right to usurp the jury’s role to judge the facts and make credibility findings.”).
discussed Cited "see" United States v. Walter Hoskins, III
8th Cir. · 2007 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005) (elements of felon-in-possession offense); see also United States v. Dobbs, 449 F.3d 904, 908, 911 (8th Cir.2006) (ATF agent’s testimony that he was unaware of any firearms manufacturers in Iowa was sufficient to prove that firearm found in Iowa had traveled in interstate commerce), cert. denied, — U.S. -, 127 S.Ct. 1312 , 167 L.Ed.2d 123 (2007); United States v. Anderson, 78 F.3d 420, 422-23 (8th Cir.1996) (proof that defendant possessed firearm may be established solely by eyewitness testimony where gun is not recovered or i…
cited Cited "see" United States v. Cory Bradley
8th Cir. · 2007 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 691-92 (8th Cir. 2005).
cited Cited "see" United States v. Cory Bradley
8th Cir. · 2007 · signal: see · confidence high
See United States v. Brown, 422 F.3d 689, 691-92 (8th Cir.2005).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff—Appellee,
v.
Anthony Donnelle BROWN, Defendant—Appellant
04-4156.
Court of Appeals for the Eighth Circuit.
Sep 2, 2005.
422 F.3d 689
2005 U.S. App. LEXIS 19028
2005 WL 2105977
Lyonel Norris, Minneapolis, MN, for appellant., Nathan P. Petterson, Asst. U.S. Atty., Minneapolis, MN, for appellee.
Melloy, Heaney, Gruender.
Cited by 28 opinions  |  Published
MELLOY, Circuit Judge.

Anthony Donnelle Brown was found guilty by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Brown appeals, arguing that the evidence presented at trial was insufficient to support the jury’s verdict. We affirm.

I. Background

On the evening of May 23, 2004, Brown called Derria Bankhead. He told Bank-head, his ex-girlfriend, that he had just had a fight with his new girlfriend. He asked Bankhead if he could come over to her apartment to talk and have sexual relations. Bankhead told Brown that he could come over.

Shortly after the telephone conversation, in the early morning hours of May 24, 2004, Brown arrived at Bankhead’s apartment. When Brown arrived, he was talking on his cellular telephone with his current girlfriend. According to Bankhead, Brown removed a handgun from his waistband and placed it on a table in front of a couch. Bankhead testified that she asked Brown why he had brought a gun to her apartment, and that he responded that he had “enemies.” Bankhead told Brown that the police had previously raided her building and that investigators could search her apartment at any time. She testified that she fabricated the story in the hope it would cause Brown to leave. Brown did not leave. Rather, he sat on the couch watching television.

While Brown was watching television, Bankhead dialed 911. However, she hung up because she did not want to get Brown in trouble. The 911 operator called back and asked if there was an emergency. Bankhead told the operator that Brown was in her apartment with a gun and that she wanted him to leave. Bankhead called[*691] 911 two more times prior to the police’s arrival at her apartment.

Bankhead testified that in between conversations she had with the 911 operator, Brown asked Bankhead for a sock. Bank-head testified that she got a sock from her bedroom and gave it to Brown. She stated that Brown placed the gun in the sock and rubbed the sock all over the gun. According to Bankhead, Brown then placed the gun, still inside the sock, on the living room table.

Officers from the Minneapolis Police Department arrived at the apartment while Bankhead was still on the phone with the 911 operator, approximately eight minutes after Bankhead first dialed 911 and hung up. The operator informed the police that Bankhead was moving around the apartment and that there was a man sitting on a couch in the living room with a gun in front of him. Bankhead opened the door to the apartment and allowed the officers into the apartment. When the officers entered, Bankhead left the apartment and went upstairs to wait for a police officer to come and speak to her.

Officers found Brown sitting on the couch watching television. The police ordered Brown to the ground. Officers then placed Brown under arrest and removed him from the apartment. After removing Brown from the apartment, officers found a Smith & Wesson 9 millimeter semi-automatic handgun in a sock. The gun was on the table in the living room immediately in front of where Brown had been sitting when officers entered the apartment. The gun contained a loaded magazine.

While other officers collected evidence in the apartment, Officer Crabb led Brown to his squad car. Brown escaped from Officer Crabb and a foot pursuit ensued. Officer LaNasa was in the vicinity when he learned of the chase over his radio. Officer LaNasa saw Brown, still handcuffed, run into some bushes and hide. Officer LaNasa, a canine handler with his dog in his vehicle, yelled to Brown to come out or he would send his police dog after Brown. Brown came out of the bushes and surrendered.

Brown was charged and found guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On December 8, 2004, the district court [1] sentenced Brown to 100 months imprisonment to be followed by a two-year term of supervised release. Brown now brings this timely appeal.

II. Analysis

Brown argues on appeal that there was insufficient evidence to support the jury’s verdict. We employ a “very strict standard of review on this issue.” United States v. Cook, 356 F.3d 913, 917 (8th Cir.2004). As such, we “view ‘the evidence in the light most favorable to the government, resolving evidentiary conflicts in favor of the government, and accepting all reasonable inferences drawn from the evidence that support the jury’s verdict.’ ” Id. at 917 (quoting United States v. Sanders, 341 F.3d 809, 815 (8th Cir.2003)). We “reverse a jury’s verdict only where a reasonable fact-finder must have harbored reasonable doubt relating to the government’s proof on at least one of the essential elements of the offense.” United States v. Jensen, 141 F.3d 830, 833 (8th Cir.1998).

To convict Brown of being a felon in possession of a firearm under 18[*692] U.S.C. § 922(g)(1), the government had to prove beyond a reasonable doubt that: “(1) [Brown] had previously been convicted of a crime punishable by a term of imprisonment exceeding one year; (2) [Brown] knowingly possessed a firearm; [and] (3) the firearm had been in or had affected interstate commerce.” United States v. Maxwell, 363 F.3d 815, 818 (8th Cir.2004). Because Brown conceded that he had previously been convicted of a crime punishable by a term of imprisonment exceeding one year and that the firearm at issue had been in or affected interstate commerce, the only issue on appeal is whether Brown knowingly possessed a firearm.

“The government could prove [Brown] knowingly possessed a firearm if he had actual or constructive possession of the firearm, and possession of the firearm could have been sole or joint.” United States v. Walker, 393 F.3d 842, 846-47 (8th Cir.2005). “Constructive possession of the firearm is established if the defendant [had] dominion over the premises where the firearm was located, or control, ownership, or dominion over the firearm itself.” Maxwell, 363 F.3d at 818.

The government relied on the testimony of Bankhead, as discussed above, to prove that Brown had possession of the gun. Brown argues that the government failed to prove either constructive or actual possession. He argues that Bankhead’s testimony was not credible because she harbored animosity towards him and that a reasonable jury could not believe her. Certainly, the relationship between two people is relevant in assessing the credibility of a witness. Yet, we have long held that the jury “is always the ultimate arbiter of a witness’s credibility,” and thus we “will not disturb the jury’s findings” on appeal. United States v. Espino, 317 F.3d 788, 794 (8th Cir.2003); United States v. Porter, 409 F.3d 910, 915 (8th Cir.2005) (“We enjoy no greater vantage point on appeal than did the jury at trial, and we have no right to usurp the jury’s role to judge the facts and make credibility findings.”); United States v. Hill, 249 F.3d 707, 714 (8th Cir.2001) (“Witness credibility is within the province of the jury, which we are not allowed to review.”). Accordingly, a reasonable jury could have found, based on Bankhead’s testimony, that Brown possessed the gun, and thus that Brown was guilty beyond a reasonable doubt.

III. Conclusion

For the foregoing reasons, we conclude that sufficient evidence exists to support Brown’s conviction. The judgment of the district court is affirmed.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.