Narrative Opinion Summary
This case involves the convictions of two defendants under 18 U.S.C. § 922(g)(3) for possessing firearms while being unlawful users of marijuana. The prosecution relied on evidence from social media posts and videos depicting the defendants with firearms and marijuana. Despite challenges to the sufficiency of this evidence, the court found it adequate to support the convictions. Moreover, the defendants' motions for acquittal and a new trial were denied, as the court ruled that the evidence did not contradict the jury's verdict. The court also addressed issues with sentencing enhancements under U.S.S.G. § 2K2.1(b), particularly regarding the inclusion of a firearm unrelated to the charged offense, ultimately vacating and remanding for resentencing. Additionally, the court found no error in the jury instructions concerning the defendants' knowledge of their lawful status under Rehaif v. United States, given the evidence of their awareness of marijuana use. The convictions were affirmed, but Bowens' sentence was vacated due to the improper application of sentencing enhancements, and the case was remanded for proper sentencing adjustments.
Legal Issues Addressed
Application of Sentencing Enhancements under U.S.S.G. § 2K2.1(b)subscribe to see similar legal issues
Application: Bowens' sentence was challenged due to a two-level enhancement for possession of firearms, which included a firearm not relevant to the offense, and the court found this enhancement improper.
Reasoning: Bowens challenges his sentence, specifically the application of a firearms enhancement under U.S.S.G. § 2K2.1(b).
Circumstantial Evidence in Criminal Convictionssubscribe to see similar legal issues
Application: The court determined that social media evidence, including posts and photos, was sufficient to establish the defendants' regular use of marijuana while possessing firearms, supporting their conviction.
Reasoning: The evidence, particularly from the defendants’ Facebook accounts, was sufficient to establish their regular use of marijuana while in possession of a firearm, violating 18 U.S.C. § 922(g)(3).
Jury Instructions and Knowledge Requirement under Rehaif v. United Statessubscribe to see similar legal issues
Application: The court found no error in the lack of jury instruction regarding defendants' knowledge of their status as unlawful users, as the evidence indicated they were aware of their drug use.
Reasoning: The district court did not err in failing to instruct the jury that defendants must have known they were unlawful users of a controlled substance to be guilty under 18 U.S.C. § 922(g)(3).
Possession of Firearms by Unlawful Users of Controlled Substances under 18 U.S.C. § 922(g)(3)subscribe to see similar legal issues
Application: Defendants were convicted under 18 U.S.C. § 922(g)(3) for possessing firearms while being unlawful users of marijuana, based on evidence such as social media posts and a video showing them with firearms and marijuana.
Reasoning: Jamal Bowens and Lee Hope were convicted of violating 18 U.S.C. § 922(g)(3) for possessing firearms while being unlawful users of marijuana.
Relevant Conduct for Sentencing under the Guidelinessubscribe to see similar legal issues
Application: The possession of a third firearm was not considered relevant conduct for sentencing as it lacked regularity and similarity to the charged conduct, leading to the vacating of Bowens' sentence.
Reasoning: Possession of the Sig Sauer in January and other firearms in May are not part of the same course of conduct due to insufficient regularity and similarity.