USA v. Nathan, No. 98-4750

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtRobert E. Payne; Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON; NIEMEYER
Parties(4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TRURIEL B. NATHAN, Defendant-Appellant. (). . Argued:
Decision Date28 October 1999
Docket NumberNo. 98-4750,CR-98-116

Page 230

202 F.3d 230 (4th Cir. 2000)
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
TRURIEL B. NATHAN, Defendant-Appellant.
No. 98-4750 (CR-98-116).
UNITED STATES COURT OF APPEALS, FOR THE FOURTH CIRCUIT.
Argued: October 28, 1999.
Decided: January 19, 2000.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond.

Robert E. Payne, District Judge.

Page 231

COUNSEL ARGUED: Steven D. Benjamin, BENJAMIN & DESPORTES, P.C., Richmond, Virginia, for Appellant. John Staige Davis, V, Assistant United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Betty Layne DesPortes, BENJAMIN & DESPORTES, P.C., Richmond, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Richmond, Virginia, for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Williams and Senior Judge Hamilton joined.

OPINION

NIEMEYER, Circuit Judge:

Truriel B. Nathan was arrested in Richmond, Virginia, by Richmond police officers for possession of a firearm and ammunition and thereafter charged with firearm offenses under both state and federal laws. His state charges were dismissed, however, and he was tried and convicted in federal court for violating 18 U.S.C.§ 922(g)(1). On appeal, he makes several challenges to his conviction, including a federalism-based constitutional challenge to "Project Exile," a cooperative federal-state venture under which firearm-related

Page 232

offenses are prosecuted federally.

We affirm.

I

On the night of February 24, 1998, two Richmond police officers followed Nathan as he drove his car into a convenience store parking lot because the car's headlights were not on. After Nathan parked his car and began to walk toward the store, Officer Mills asked to speak with him. The officer noticed a bulge on the upper left side of Nathan's coat as Nathan walked toward him. Reaching out and patting the pocket, Officer Mills asked, "What is this?" When Nathan responded that it was ammunition, Officer Mills asked Nathan if he had a gun, and Nathan responded that he did. Officer Mills and Officer Robinson then handcuffed Nathan and recovered a loaded .380 caliber semiautomatic pistol, manufactured in Ohio, and a box of .380 caliber ammunition, manufactured in Arkansas.

Although Nathan was originally charged with a state crime, his case was handled under "Project Exile," a federal-state law enforcement program in Richmond under which many firearms offenses are prosecuted in federal rather than state court by agreement of state and federal law enforcement officials. Because Nathan had previously been convicted of a felony, he was indicted for violating 18 U.S.C. § 922(g)(1), the federal felon-in-possession firearm statute. At the preliminary hearing on Nathan's state charges, a nolle prosequi was entered on the motion of the Commonwealth's Attorney, and Nathan's state charges were dismissed.

Project Exile is a federal-state law enforcement initiative jointly run by the Virginia Commonwealth's Attorney for the City of Richmond and the U.S. Attorney for the Eastern District of Virginia. The project was implemented in Richmond in February 1997 with the goal of reducing Richmond's high rates of violent crime by prosecuting firearm-related crimes federally whenever possible. As part of the project, local police officers are trained to identify state firearm offenses that also constitute federal offenses. Local police officers are encouraged to contact a federal agent using a 24-hour pager number whenever they encounter a gun in performing their duties, and, together with the federal agent, to determine whether federal law has been violated. An assistant Commonwealth's Attorney assists the U.S. Attorney with the federal prosecution of cases under Project Exile. The project is publicized through advertising on television, on...

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21 practice notes
  • United States v. Hill, No. 18-4660
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 13, 2019
    ...in interstate commerce. See, e.g., United States v. Gallimore , 247 F.3d 134, 138 (4th Cir. 2001) ; see also United States v. Nathan , 202 F.3d 230, 234 (4th Cir. 2000) (explaining that the jurisdictional element "requires a case-by-case inquiry into the connection with commerce")......
  • Lomont v. O'Neill, No. 01-5104.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 2, 2002
    ...assist in administering federal laws. See Printz, 521 U.S. at 936, 117 S.Ct. at 2385 (O'Connor, J., concurring); United States v. Nathan, 202 F.3d 230, 233 (4th Chief of Police Hose alleges that citizens of his jurisdiction have the impression that his refusal to participate in the certific......
  • Mann v. United States, No. 5:08-CR-296-D
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • September 24, 2013
    ...§ 2255(f). In any event, his claim fails. See United States v. Gallimore, 247 F.3d 134,137-38 (4th Cir. 2001); United States v. Nathan, 202 F.3d 230, 234 (4th Cir. 2000); United States v. Crump, 120 F.3d 462, 466 & n.2 (4th Cir. 1997); United States v. Wells, 98 F.3d 808, 810-11 (4th Ci......
  • United States v. Hill, No. 16-4299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 18, 2017
    ...moved in interstate commerce, see, e.g., United States v. Gallimore, 247 F.3d 134, 138 (4th Cir. 2001); see also United States v. Nathan, 202 F.3d 230, 234 (4th Cir. 2000) (explaining that the jurisdictional element "requires a case-by-case inquiry into the connection with commerce&quo......
  • Request a trial to view additional results
21 cases
  • United States v. Hill, No. 18-4660
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 13, 2019
    ...in interstate commerce. See, e.g., United States v. Gallimore , 247 F.3d 134, 138 (4th Cir. 2001) ; see also United States v. Nathan , 202 F.3d 230, 234 (4th Cir. 2000) (explaining that the jurisdictional element "requires a case-by-case inquiry into the connection with commerce")......
  • Lomont v. O'Neill, No. 01-5104.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 2, 2002
    ...assist in administering federal laws. See Printz, 521 U.S. at 936, 117 S.Ct. at 2385 (O'Connor, J., concurring); United States v. Nathan, 202 F.3d 230, 233 (4th Chief of Police Hose alleges that citizens of his jurisdiction have the impression that his refusal to participate in the certific......
  • Mann v. United States, No. 5:08-CR-296-D
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • September 24, 2013
    ...§ 2255(f). In any event, his claim fails. See United States v. Gallimore, 247 F.3d 134,137-38 (4th Cir. 2001); United States v. Nathan, 202 F.3d 230, 234 (4th Cir. 2000); United States v. Crump, 120 F.3d 462, 466 & n.2 (4th Cir. 1997); United States v. Wells, 98 F.3d 808, 810-11 (4th Ci......
  • United States v. Hill, No. 16-4299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 18, 2017
    ...moved in interstate commerce, see, e.g., United States v. Gallimore, 247 F.3d 134, 138 (4th Cir. 2001); see also United States v. Nathan, 202 F.3d 230, 234 (4th Cir. 2000) (explaining that the jurisdictional element "requires a case-by-case inquiry into the connection with commerce&quo......
  • Request a trial to view additional results

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