833 F.2d 310 (4th Cir. 1987), 87-5006, U.S. v. Richardson

• Docket Number: 87-5006.
• Citation: 833 F.2d 310
• Date: 02 November 1987
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Robert D.H. RICHARDSON, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 310

833 F.2d 310 (4th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,

v.

Robert D.H. RICHARDSON, Defendant-Appellant.

No. 87-5006.

United States Court of Appeals, Fourth Circuit

November 2, 1987

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued Oct. 8, 1987.

D. Md.

AFFIRMED.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Norman P. Ramsey, District Judge. (CR-86-264).

Ty Cobb (Miles & Stockbridge on brief) for appellant.

E. Thomas Roberts, Assistant United States Attorney (Breckinridge L. Willcox, United States Attorney on brief) for appellee.

Before DONALD RUSSELL, JAMES DICKSON PHILLIPS, and WILKINSON, Circuit Judges.

PER CURIAM:

Robert Richardson appeals his bench trial conviction of unlawful possession of a weapon in violation of 18 U.S.C. App. § 1202(a)(1), contending that the evidence was insufficient to convict him. We disagree and affirm.

I

On May 5, 1986, Sergeant Baker of the Prince Georges County Police Department, while on patrol in a marked police cruiser in Brandywine, Maryland, came upon a gold Cadillac bearing temporary tags that was parked partially off the roadway ahead of him. As he approached the Cadillac, Baker saw that it had two occupants in the front seat and that the one on the passenger side was pointing what Baker thought was an automatic weapon out the window in the direction of a row of houses located some 20 yards from the roadside. Alarmed, Baker suddenly braked the patrol car, and the resulting noise apparently alerted the occupants of the Cadillac. The passenger quickly pulled the gun back into the car, both occupants turned around and, upon seeing Baker, the driver sped away. Baker activated his emergency lights, notified the dispatcher by radio of his situation, and gave chase.

After a short time, during which the passenger in the Cadillac appeared to be maneuvering into a position from which he could fire at Baker, the Cadillac was brought to an abrupt stop. Baker stopped behind them, drew his gun and, using his door for cover, ordered the occupants to "put their hands where he could see them." Instead of surrendering, the driver again sped off at a high rate of speed. Baker again gave chase for a short distance until the Cadillac was again stopped by the driver at a dead-end.

Baker again got out of his patrol car and ordered the occupants to make their hands visible. The driver quickly opened his door, got out, and began walking away from Baker and toward the front of the Cadillac. Baker ordered him to stop and threatened to fire. The driver stopped and followed Baker's orders to back his way toward him while keeping his hands laced behind his head. The passenger remained in the Cadillac, looking over his shoulder at Baker and the driver. Baker ordered the driver to stop between the two vehicles, which he did. At this point, the driver told the passenger that Baker was not "kidding" around and that he should come out of the car as Baker ordered. At this point, Baker saw the passenger lean forward and drop partially out of sight. When he came back into view, he too left the car and joined the driver under Baker's guard.

A few minutes later, back-up support arrived. The Cadillac was searched and a gun was retrieved from the floorboard in front of the passenger seat. The gun was found to be an Intratec model TEC-9, 9 millimeter pistol, serial number 03241. Baker testified that he removed a magazine clip that was loaded with semi-jacket hollow point and lead ball bullets. The clip contained 22 bullets; one bullet was found in the chamber; one unspent bullet was found some 20 yards from the Cadillac, apparently having been ejected from the weapon; another unspent bullet was later found on the floorboard behind the passenger seat. A totebag containing additional 9 millimeter ammunition was found on the floorboard in front of the passenger seat and an additional clip was found under the same seat. No ammunition was discovered on the driver's side of the Cadillac. Nor were any weapons or ammunition apparently found on Robert Richardson's person. ¹ Further investigation revealed that the vehicle apparently was owned by a female relative of Robert Richardson's.

As a result of this occurrence, Robert and Joseph Richardson were indicted in a three count indictment. Count I charged the Richardsons with conspiracy to violate federal firearms laws--specifically, 18 U.S.C. App. § 1202(a)(1)--in violation of 18 U.S.C. § 371. Count II charged Joseph Richardson, a convicted felon, with unlawful possession of a weapon, in violation of 18 U.S.C. App. § 1202(a)(1)...