U.S. v. Holt

• Decision Date: 28 September 2006
• Docket Number: No. 05-2703.,05-2703.
• Citation: 464 F.3d 101
• Parties: UNITED STATES of America, Appellee, v. Eric HOLT, Defendant, Appellant.
• Court: U.S. Court of Appeals — First Circuit

464 F.3d 101

UNITED STATES of America, Appellee, v. Eric HOLT, Defendant, Appellant.

No. 05-2703.

United States Court of Appeals, First Circuit.

Heard July 31, 2006.

Decided September 28, 2006.

Mary Davis for the appellant.

Margaret D. McGaughey, Appellate Chief, with whom, Paula D. Silsby, United States Attorney, was on brief, for the appellee.

Before BOUDIN, Chief Judge,

TORRUELLA and DYK,^* Circuit Judges.

DYK, Circuit Judge.

Eric Holt appeals from his conviction, under the Gun Control Act, 18 U.S.C. § 922(g)(4) (2000), of possession of a firearm by a person who has been committed to a mental institution. Holt argues that he was not "committed" to a mental institution under the meaning of the statute. He also urges the court's instructions concerning possession were erroneous. We reject both contentions and affirm.

I.

In February of 2004, Holt was having marital problems with his wife, when she announced that she wanted a divorce. Holt temporarily moved in with his friend, Christopher Norbert. Holt suffered major depression as a result of the separation from his wife and a recent arrest. Norbert testified that, during this time, Holt threatened his wife, stating that he wanted to "splatter his wife's brains out." Holt's son testified that he was concerned that Holt would hurt himself.

On February 16, 2004, a licensed clinical social worker, Marc Quirion, made an application for Holt's involuntary admission to a mental institution. Pursuant to Maine's involuntary admission procedures, this application was included a medical certification. Alfonso Corona, a licensed psychiatrist and medical doctor, certified that he examined Holt and that Holt posed a "likelihood of serious harm due to a mental illness ...." The next day, on February 17, the application was reviewed by a Maine District Court Judge, who then authorized the county sheriffs to transport Holt to a medical facility. What transpired after this point with respect to Holt's admission to the medical facility and the duration of such admission is not apparent from the record. It is clear, however, that by May 10, 2004, Holt was no longer in a medical facility and was staying with his friend, Norbert.

On May 11, 2004, Holt was cleaning out his truck—which had been parked in Norbert's driveway for several months (before Holt's admission to the mental hospital)-when he uncovered a handgun. Holt brought the gun into Norbert's house, and Holt and Norbert allegedly discussed what to do with the gun; both believed that Holt was prohibited from possessing a firearm. Norbert testified that Holt was reluctant to surrender the gun. The two men eventually decided that Norbert would take the gun to his parent's house. In the meantime, Norbert put the unloaded gun in his gym bag in the cellar, where Holt was staying. According to testimony by the probation officer who found the gun, Holt seemed unaware that the gun was in the gym bag. Ammunition for the gun was found in a dresser in Norbert's bedroom.

The next day, Troy Thornton, Holt's probation officer, came to Norbert's house with a police officer to make a home visit and search for weapons. After Norbert consented to the search, the officers discovered the gun and ammunition. Holt was charged with, and tried for, violating 18 U.S.C. § 922(g)(4), which makes it unlawful for anyone "who has been committed to a mental institution" to "possess" a firearm.

During the trial, the defense raised two issues which are pertinent to this appeal. First, defense counsel proposed that the term "committed" be left undefined for the jury, or alternatively, that the jury be instructed that a commitment occurs only after an application for involuntary commitment has been approved by a state judge, the person has been taken to a medical facility, and a follow-up examination has been performed within 24 hours of the involuntary admission. Over the defendant's objection, the district court rejected both proposals and instead instructed the jury that "[a]n involuntary commitment occurs when a State Judge, pursuant to an application for involuntary admission to a mental hospital, authorizes the sheriff to take the person into custody and transport him to a hospital."

Second, over the defendant's objection, the district court instructed the jury that:

The term "possess" means to exercise authority, dominion or control over something. It is not necessarily the same as legal ownership. Possession includes both actual and constructive possession. A person who has direct physical control of something on or around his or her person is then in actual possession of it. A person who is not in actual possession, but who has both the power and the intention to exercise control over something is in constructive possession of it. Briefness of contact alone does not preclude a finding of possession.... The word "knowingly" means that the possession was voluntary and intentional, not because of mistake or accident.

Appellant's Addendum at 5. In so doing, the district court rejected the defendant's proposed additional instructions which would have noted that "[a]n act is done knowingly if it is done voluntarily and intentionally, and not because of mistake or accident or for some other innocent reason," and that "[i]ntent is necessary to possession, and the requisite intent is to exercise authority, dominion or control." Appellant's Br. at 24 (emphasis added).

Thereafter, the jury found Holt guilty of possessing a firearm after having been committed to a mental institution. Holt timely appealed his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 (2000).

II.

The pertinent statute, 18 U.S.C. § 922(g)(4), states that "[i]t shall be unlawful for any person ... who has been committed to a mental institution ... to ... possess in or affecting commerce, any firearm or ammunition...."

18 U.S.C. § 922(g)(4) is part of an extensive statute, the Gun Control Act of 1968, designed to regulate various aspects of gun ownership; it expands the categories of persons prohibited from possessing guns, including drug users, illegal aliens, dishonorably discharged service members, and people who have renounced their citizenship. 18 U.S.C. § 922(g). Congress wanted to keep guns out of the hands of people perceived to be dangerous, and not just those who had permanently been confined to a mental institute or those who continue to suffer from a mental illness. Rather, Congress intended to prohibit persons who are mentally unstable or "mentally irresponsible" from possessing guns. 114 Cong. Rec. 21780, 21791, 21801 (1968). Essentially, "Congress' intent in enacting § [ ] 922(g) ... was to keep firearms out of the hands of presumptively risky people." Dickerson v. New Banner Inst., Inc., 460 U.S. 103, 112 n. 6, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983) (emphasis added).

The harshness of the prohibition against persons who have been "committed" to a mental institute, however, was ameliorated by section 925(c) of the statute, which provides that the Attorney General may grant relief to a prohibited person if:

it is established to [the Attorney General's] satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.

18 U.S.C. § 925(c) (2006). Under the regulations, to be eligible for such relief, the applicant must show "the applicant's discharge from commitment, [and the] restoration of mental competency . . . ." 27 C.F.R. § 478.144(c)(5) (2006). Judicial review is available in cases in which the Attorney General denies relief. 18 U.S.C. § 925(c).

On appeal, Holt argues that two of 922(g)(4)'s necessary elements—that of commitment and possession—were not established and were not properly charged to the jury. We address each contention in turn.

A. Commitment

In Maine, under the current statute (which was in effect when Holt was ordered admitted to a mental hospital), a person can be involuntarily admitted to a mental hospital on an emergency basis. Under Maine's emergency admission statute, to initiate such an admission, "[a]ny health officer, law enforcement officer or other person," must make a written application which states his "belief that the person [who would be admitted] is mentally ill and, because of his illness, poses a likelihood of serious harm." 34-B M.R.S.A. § 3863(1) (2004). This application must be accompanied by a certificate of examination signed by a "licensed physician, physician's assistant, certified psychiatric clinical nurse specialist, nurse practitioner or a licensed clinical psychologist," stating that the person to be admitted is "mentally ill" and, as a result, "poses a likelihood of serious harm." 34-B M.R.S.A. § 3863(2). A judicial officer then reviews the application and medical certificate. 34-B M.R.S.A. § 3863(3). If the judicial officer finds that the documents are "regular and in accordance with the law, the judge ... shall endorse them," at which point the subject of the application may be transported to a hospital. Id.

After a person has been involuntarily admitted to a hospital under this process, he must be examined by a "staff physician or licensed clinical psychologist" within 24 hours. 34-B M.R.S.A. § 3863(7)(C). If an examination does not take place within 24 hours, or the examiner refuses to certify that the person is mentally ill and as a result poses a likelihood of serious harm, the person is immediately discharged. Id. If the examiner certifies that the person poses a likelihood of serious harm as a result of his mental illness, then the person may choose to be informally admitted, or the chief administrator of the hospital can seek "involuntary commitment" of the person within five days from the initial admission under 34-B M.R.S.A. § 3864. 34-B M.R.S.A. § 3863(5)(B). Thus, in...