Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Gray

United States Court of Appeals, Third Circuit

November 8, 2019

UNITED STATES OF AMERICA
v.
STEVEN GRAY, Appellant

          Submitted Under Third Circuit L.A.R. 34.1(a) on September 20, 2019

          On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1:17-cr-00124-001) District Judge: Honorable John E. Jones, III

          David J. Freed Scott R. Ford Office of the United States Attorney Counsel for Appellee

          Heidi R. Freese Ronald A. Krauss Office of the Federal Public Defender Counsel for Appellant

          Before: KRAUSE, MATEY, Circuit Judges, and QUIÑONES ALEJANDRO, [*] District Judge

          OPINION

          QUIÑONES ALEJANDRO, DISTRICT JUDGE.

         Appellant Steven Gray appeals the sentence imposed by the United States District Court for the Middle District of Pennsylvania following his conviction for unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). Gray challenges three sentencing enhancements that the District Court applied in calculating his sentence range under the advisory United States Sentencing Commission Guidelines ("Guidelines"). This Court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). For the reasons set forth below, we will affirm the District Court's judgment.

         I. Background

         Just after midnight on January 1, 2017, during the New Year's Eve fireworks festivities in York City, Pennsylvania, Police Officer Paul Thorne was patrolling residential neighborhoods in his police vehicle and, as he turned onto Silk Avenue from Mulberry Street, he heard gunshots. He drove west on Silk Avenue and observed a person-later identified as Appellant Steven Gray-carrying a firearm. Officer Thorne observed Gray walking down a pathway between two rowhomes located at 721 and 723 Wallace Street. Officer Thorne stopped, exited his vehicle, and ran down the pathway with his firearm drawn, until he was about ten (10) feet behind Gray. Officer Thorne identified himself as a police officer and ordered Gray to drop the firearm. Gray turned towards Officer Thorne, saw that Officer Thorne was pointing a firearm at him in the "high ready" position, and began running away from the officer in the direction of Wallace Street. App. 34, 36. As Officer Thorne ran after him, he observed Gray toss his gun and run onto the porch of 725 Wallace Street, the residence next door to Gray's home. Officer Thorne followed Gray onto the porch and placed Gray face down. Within a minute or so, Police Officer Davis arrived at the scene. Gray was handcuffed and taken into custody.

         After a brief search of the area where Officer Thorne saw Gray toss the firearm-an area where Officer Davis testified that "less than three" people were outside when he arrived-Officer Thorne found the firearm on the sidewalk in front of 731 Wallace Street. App. 57. The firearm had one round in the chamber and six rounds in the magazine. Officer Thorne testified that he was not worried about the firearm presenting any danger because "[i]t will not hurt anybody unless someone is squeezing the trigger." App. 39.

         The firearm was identified as a Taurus 9-millimeter handgun with the serial number TLF58814D. A check with the National Criminal Information Center ("NCIC") revealed that the firearm was stolen in Manchester, New Hampshire, in 1995. After being notified that the firearm was recovered, the Manchester Police Department attempted to locate the theft victim without success. Thereafter, on January 30, 2017, the Manchester Police Department sent the following message to Officer Thorne via the National Law Enforcement Telecommunications System ("NLETS"):

OUR DETECTIVES HAVE BEEN UNABLE TO LOCATE THE ORIGINAL VICTIM IN THIS CASE AT THIS POINT WE WILL BE REMOVING THE FIREARM FROM NCIC AND CONSIDERING THE CASE CLOSED THE FIREARM IS NOT CONSIDERED STOLEN AT THIS POINT WE APOLOGIZE FOR THE DELAY IN RESPONSE.

         App. 117.

         II. Procedural History

         A federal grand jury returned a one-count Indictment charging Gray with unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). Gray pled not guilty, and the court held a two-day jury trial. At the trial, the two primary witnesses were Officer Thorne and Gray. Pertinently, Officer Thorne testified that he observed Gray in possession of a firearm, which Gray discarded while running away from him. Gray, on the other hand, testified repeatedly that he did not have a gun. The jury found Gray guilty.

         In advance of the sentencing, the United States Probation Office prepared and submitted a Presentence Investigation Report ("PSR") which, inter alia, calculated Gray's Total Offense Level as 30 and his Criminal History Category as IV, yielding a Guidelines range of 135 to 168 months' incarceration. However, because the statutory maximum sentence for violating ยง ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.