U.S. v. Yannott

• Decision Date: 21 February 1995
• Docket Number: No. 93-2006,93-2006
• Citation: 42 F.3d 999
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Leonard Joseph YANNOTT, Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 999

42 F.3d 999

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Joseph YANNOTT, Defendant-Appellant.

No. 93-2006.

United States Court of Appeals,

Sixth Circuit.

Argued Dec. 1, 1994.

Decided Dec. 16, 1994.

Certiorari Denied Feb. 21, 1995.

See 115 S.Ct. 1172.

Jeffrey E. Theodore, Asst. U.S. Atty. (argued and briefed), Grand Rapids, MI, for plaintiff-appellee.

Melvin Houston (argued and briefed), Detroit, MI, for defendant-appellant.

Leonard Joseph Yannott, pro se.

Before: MILBURN, SUHRHEINRICH, and LAY ^*, Circuit Judges.

MILBURN, Circuit Judge.

Defendant Leonard Joseph Yannott appeals his jury convictions for possession of a firearm by a convicted felon in violation of 18 U.S.C. Sec. 922(g), and possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861(d). On appeal, the issues are (1) whether the district court properly denied defendant's motion to quash or dismiss the indictment for lack of jurisdiction over the offenses charged, (2) whether the district court properly admitted incriminating statements made by defendant to investigating officers, (3) whether the district court properly denied defendant's motion to dismiss the indictment where defendant sought to have the court rather than the jury determine the issue of whether the weapon he possessed was a "firearm," and (4) whether the district court erred by allowing the government to present evidence of defendant's prior conviction for escaping prison where proof of a felony conviction was an element of the offense of felon in possession of a firearm. For the reasons that follow, we affirm.

I.

A.

Defendant Leonard Joseph Yannott is a Native American Indian. On June 30, 1991, defendant attended a party at the home of Roger Lovell, which was located near Peshawbestown, Michigan, on part of an Indian reservation for the Grand Traverse Band of Ottawa and Chippewa Indians. While at the party, defendant threatened to shoot another guest, Brenda White Eye, and pulled a sawed-off shotgun and pointed it at her. White Eye told Vincent Chippewa and Stephanie Southbird that defendant had a gun. Chippewa and Southbird forcibly removed the gun from defendant. The gun was a .20-gauge sawed-off shotgun manufactured by Harrington and Richardson.

On July 1, 1991, Chippewa turned the gun over to the Grand Traverse Band tribal police. On July 17, 1991, Joseph Chambers, captain of the tribal police, contacted defendant. After being advised of his Miranda rights, defendant signed a waiver and indicated that he wanted to talk. Defendant stated that he knew he was at the party and that he had "messed up." J.A. 207.

The tribal police turned the gun over to the Bureau of Alcohol, Tobacco and Firearms (ATF), which determined that the gun had a partially broken firing pin. On August 28, 1991, Michael Marquardt, a special agent with the ATF, contacted defendant as part of the ATF's investigation. After defendant was advised of his Miranda rights, he indicated that he understood his rights and wished to waive them. Defendant gave rational responses to Marquardt's questions and did not appear to be either intoxicated or suffering from any injuries or illnesses. Marquardt did not make any threats or promises or use any force to cause defendant to make statements. During the interview, defendant admitted that although he could not recall the details, he apparently was carrying a shotgun and pulled it on some girls at the party. Marquardt testified at trial that while the gun had a partially broken firing pin, he was able to make it capable of firing a projectile by removing the barrel and inserting part of a standard nail in the firing pin hole. This procedure required only a screwdriver and took approximately 50 seconds to accomplish.

The gun in question was examined by Richard Turner, a firearm specialist with the ATF, who testified for the government at trial. Turner, who stated that he was familiar with the definition of firearm under federal law, testified that a firearm for purposes of 18 U.S.C. Sec. 921(a)(3) was "any firearm which will expel a projectile by the action of an explosive, one that is designed to expel a projectile, [or] any weapon which is readily converted to expel a projectile." J.A. 311-12. He testified that the gun in question was a firearm under federal law. He testified that the firing pins of certain guns are interchangeable and that he had made the gun in question operable by replacing the broken firing pin with a different firing pin, a process that took no more than 10 minutes to complete.

Leon Byrd testified as a firearms expert on defendant's behalf. Although it was Byrd's understanding that a firearm had to be operable in order to be a firearm under federal law, Byrd agreed that even with a broken firing pin the gun in question was still "designed" to expel a projectile. Byrd also testified that defendant was not experienced enough to make the gun operable, but he conceded that an individual's knowledge is not part of the definition of firearm under federal law.

B.

On December 17, 1992, the grand jury issued a two-count indictment against defendant Leonard Joseph Yannott. Count one charged defendant with knowingly, wilfully, and unlawfully possessing a firearm in or affecting interstate commerce after having been convicted of a crime punishable by imprisonment for a term exceeding one year in violation of 18 U.S.C. Sec. 922(g). Count two charged defendant with receiving and possessing a firearm not registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. Sec. 5861(d). Defendant was arraigned and entered pleas of not guilty on January 14, 1993.

On February 2, 1993, defendant filed a motion to quash or dismiss the indictment and a motion in limine to prevent introduction into evidence certain incriminating statements made by defendant before the indictment was filed. In his motion to quash, defendant argued that the district court was without jurisdiction to hear the case because all events alleged in the indictment occurred on an Indian reservation. In his motion in limine, defendant argued that defendant's statements to law enforcement officials were inadmissible based upon Federal Rules of Evidence 609(b) and 804(b). The district court concluded that Rule 609(b), which addresses impeachment by evidence of conviction of a crime, did not limit the admission of defendant's prior conviction because it was relevant to an essential element of the offense of felon in possession of a firearm, and that Rule 804(b), which makes admissible those hearsay statements which are against the declarant's interest, was inapplicable. Instead, the district court ruled that the statements were admissible as admissions by a party-opponent under Federal Rule of Evidence 801(d)(2)(A). Accordingly, both motions were denied.

On March 26, 1993, defendant filed a second motion to dismiss all charges against him. This motion argued that the sawed-off shotgun involved was not a firearm as defined under federal law because its firing pin was broken and could not be readily repaired. The district court also denied this motion.

On March 31, 1993, defendant filed a motion in limine agreeing to stipulate to the element that defendant was a convicted felon required for the offense of felon in possession of a firearm as charged in count one. This motion sought to preclude the government from introducing evidence of defendant's nine prior felony convictions. This motion in limine was granted by the district court on April 5, 1993. On that date, the government filed a motion requesting permission to submit evidence on one of defendant's convictions in lieu of his stipulation. The district court treated the government's motion as a request to reconsider its earlier ruling and decided to allow evidence concerning one of defendant's convictions--a 1982 conviction for escaping prison.

On April 6, 1993, a jury trial commenced. On April 8, 1993, the jury returned guilty verdicts on both counts, and a final judgment was entered on June 22, 1993. Defendant filed this appeal on July 8, 1993, pursuant to the district court's order under Federal Rules of Appellate Procedure 4(a)(1), which authorizes the district court to extend the period for filing a notice of appeal upon a showing of excusable neglect.

II.

A.

Defendant argues that the district court improperly denied his motion to quash or dismiss the indictment for lack of jurisdiction over the offenses charged. Specifically defendant asserts that the district court lacked jurisdiction for two reasons: (1) defendant was already punished by the tribal court thus precluding jurisdiction under 18 U.S.C. Sec. 1152, and (2) neither of the two offenses with which defendant was charged are included in the Major Crimes Act, 18 U.S.C. Sec. 1153, which grants federal courts exclusive jurisdiction over certain major offenses.

Questions of subject matter jurisdiction are questions of law that are reviewed de novo. Greater Detroit Resource Recovery Auth. v. EPA, 916 F.2d 317, 319 (6th Cir.1990); Cardinal v. United States, 954 F.2d 359, 362 (6th Cir.1992). In the words of the Supreme Court, "Criminal jurisdiction over offenses committed in 'Indian country,' 18 U.S.C. Sec. 1151, 'is governed by a complex patchwork of federal, state, and tribal law.' " Negonsott v. Samuels, --- U.S. ----, ----, 113 S.Ct. 1119, 1121, 122 L.Ed.2d 457 (1993).

The Indian Country Crimes Act, 18 U.S.C. Sec. 1152, "operates explicitly to extend the coverage of a body of law to Indian country." United States v. Cowboy, 694 F.2d 1228, 1234 (10th Cir.1982). It provides:

Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.

This section shall not extend to offenses...