USA. v. Woolfolk

• Decision Date: 10 December 1999
• Docket Number: No. 99-1651,99-1651
• Citation: 197 F.3d 900
• Parties: (7th Cir. 1999) United States of America, Plaintiff-Appellee, v. Melvin D. Woolfolk, Defendant-Appellant
• Court: U.S. Court of Appeals — Seventh Circuit

Page 900

197 F.3d 900 (7th Cir. 1999)

United States of America, Plaintiff-Appellee, v. Melvin D. Woolfolk, Defendant-Appellant.

No. 99-1651

In the United States Court of Appeals For the Seventh Circuit

Argued September 17, 1999

Decided December 10, 1999

Appeal from the United States District Court for the Southern District of Illinois. No. 98-CR-30115-WDS--William D. Steihl, Judge. [Copyrighted Material Omitted]

Before Bauer, Flaum, and Ripple, Circuit Judges.

Bauer, Circuit Judge.

On September 23, 1998, a jury convicted Melvin Woolfolk of being a felon in possession of a firearm in violation of 18 U.S.C. sec. 922(g)(1). Woolfolk challenges the district court's ruling denying his motion for new trial on two counts--for denial of a jury view and for newly discovered evidence. Woolfolk's pretrial motion for a jury view of the scene of his arrest was denied on September 22, 1998. On November 19, 1998, Woolfolk filed an amended motion for a new trial based on newly discovered evidence. An evidentiary hearing was held on the motion on January 14, 1999 in which Fannie King testified. The district court filed an order on February 18, 1999 denying Woolfolk's motion for a new trial. A motion for reconsideration was denied on March 3, 1999 and Woolfolk was sentenced on March 8, 1999. Woolfolk now appeals the district court's order denying the motion for new trial. We affirm the district court's decision.

I. Background

On September 17, 1997, United States Marshals, as part of Operation Outlaw, received an outstanding arrest warrant for Henry Byrd. Operation Outlaw is a task force assembled to pursue federal, state, and local fugitives. Byrd was known to have an address in Venice, Illinois. The Venice Chief of Police provided the marshals with a photo of Byrd and told them that he is known to frequent Garrett's Lounge in Venice.

Six to eight deputy marshals went to Garrett's Lounge in unmarked vehicles between 3:00 and 4:00 p.m. As the deputies arrived at Garrett's, they observed several people standing outside the lounge. Deputy Leahy made eye contact with one man he believed to be Byrd, who later was identified as Woolfolk. He acted in a suspicious manner and then ran toward the lounge. At which time deputy Leahy got out of his vehicle and announced, "police, stop." Woolfolk turned and ran into the lounge, Deputy Leahy followed. He ran across the dance floor toward the back of the bar with Deputy Leahy in pursuit. As Woolfolk ran past a partition, he turned, reached into his waistband and made a throwing motion with his right hand. Deputy Leahy testified that he then heard a loud thump. He subdued Woolfolk first and then walked back to the area where he heard the thump, and found a loaded Smith and Wesson .38 special in the trash can behind the partition. Leahy testified that during that period there was no one else near the trash can.

Woolfolk was arrested and charged with being a felon in possession of a firearm in violation of 18 U.S.C. sec. 922 (g)(1). In a pretrial motion, Woolfolk's attorney moved for an order allowing the jury to view the scene, arguing that it was crucial to the issue of Woolfolk's guilt or innocence. Specifically, Woolfolk argued that the jury needed to view the scene in order to accurately determine what the U.S. Marshals could have seen when they entered the lounge, including whether the interior lighting would have prevented the marshals from seeing Woolfolk's throwing motion. The district court denied the motion stating, "there is nothing so peculiar to this case that it cannot be addressed through the normal adversarial process."

On September 23, 1998, the jury convicted Woolfolk of being a felon in possession of a firearm. On September 29, 1998, Woolfolk filed a motion for a new trial based on the court's denial of a jury view. On November 19, 1998, Woolfolk filed an amended motion for new trial based on newly discovered evidence. The court held an evidentiary hearing to hear this new evidence on January 14, 1999.

At the evidentiary hearing, Fannie King testified that she was unaware that Woolfolk had been arrested until August or September of 1998. She happened to be in Venice visiting her daughter and grandchildren when she saw Woolfolk's grandmother on the street. As they talked about their families, King learned that Woolfolk had been charged with possession of a gun while at Garrett's Lounge. King at that time thought it might possibly be the same gun she had left at the Lounge but did not mention it to anyone.

In October 1998, while again visiting her daughter, King overheard Woolfolk's ex-girlfriend and another person discussing Woolfolk's 17 year sentence. King decided to contact Woolfolk's attorney to explain that she had placed a gun in the trash can on the same day Woolfolk had been arrested. King explained that she had been apartment hunting in Venice, Illinois on September 17, 1997. Around midday she was walking in the alley behind Garrett's Lounge when she stumbled on something that hurt her right foot. She looked down and realized that it was a gun. She used a paper napkin from around a glass of wine she was carrying to pick up the gun so that her fingerprints would not be on the gun. King then claimed to have put the gun under her long T-shirt and walked into Garrett's Lounge to see if it belonged to anyone. On her way into the lounge, she passed Woolfolk smoking a "blunt," a marijuana cigarette. As she was walking toward the bathroom, she heard someone yell "Po Po," meaning the police. She panicked, tossed the gun into a trash can, and walked out of the Lounge. As she left Garrett's, she claims to have passed the deputy marshals, who were wearing beige or brown uniforms. After that day King said that she did not return to Venice until May of 1998.

Deputy Marshals James Taylor and John Leahy testified, consistent with their trial testimony, that when they arrived at Garrett's Lounge Woolfolk ran inside with Deputy Leahy in pursuit. Taylor followed close behind. Both deputies testified that no one passed them as they entered Garrett's. The evidence revealed that the vestibule in Garrett's was too narrow for anyone to pass them without their knowledge. Leahy saw Woolfolk take something out of his waistband and make a throwing motion, after which he heard something land. He first apprehended Woolfolk at the end of the bar and then went back to check inside the trash can where he found the gun. The deputies also testified that they were wearing blue jeans and blue polo shirts with the U.S. Marshall insignia on the front and "Police" or "U.S. Marshal" on the back. Leahy further testified that he was unfamiliar with any beige marshal uniforms.

The court was not persuaded by King's testimony and denied Woolfolk's motion for a new trial on February 17, 1999. Woolfolk now appeals this decision.

II. Analysis.

A. Sufficiency of Evidence

In order to secure a conviction under section 922(g)(1), the government must prove, beyond a reasonable doubt, that: (1) the defendant had a previous felony conviction, (2) the defendant possessed a firearm, and (3) the firearm had traveled in or affected interstate commerce. United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir. 1990); United States v. Petitjean, 883 F.2d 1341, 1347 (7th Cir. 1989). In this case, the parties stipulated to both the previous conviction and the interstate commerce elements. The only issue before the jury, and the subject of this appeal, is the element of possession of a firearm.

In weighing a challenge on appeal to the sufficiency of the evidence used by a jury to convict a defendant, this court applies a highly deferential standard. United States v. Kamel, 965 F.2d 484, 489 (7th Cir. 1992). The court draws all reasonable inferences from the evidence in favor of the government, and we will reverse only if no reasonable jury could have found the defendant guilty of the charged offense beyond a reasonable doubt. United States v. Alcantar, 83 F.3d 185, 189 (7th Cir. 1996); United States v. Wallace, 32 F.3d 1171, 1173 (7th Cir. 1994); see also United States v. Henderson, 58 F.3d 1145, 1148 (7th Cir. 1995). Woolfolk bears a heavy burden when the facts turn upon credibility determinations. United States v. Buggs, 904 F.2d 1070, 1074 (7th Cir. 1990). Questions of witness credibility are reserved for the jury, and its assessments will not be second guessed by an appellate panel. See, e.g., Henderson, 58 F.3d at 1148; United States v. Dunigan, 884 F.2d 1010, 1013 (7th Cir. 1989). "Credibility is for the jury, not this Court, to determine." United States v. Mejia, 909 F.2d 242, 245 (7th Cir. 1990). As a result, appellate attacks on the credibility of a trial witness are almost always unavailing. Henderson, 58 F.3d at 1148. When a jury has chosen to credit crucial testimony with full knowledge of the many faults of the witness providing it, we have no basis to interfere, as the jury is the final arbiter on such questions. See Henderson, 58 F.3d at 1149; United States v. Patterson, 23 F.3d 1239, 1244 (7th Cir. 1994).

Woolfolk argues that the evidence at trial was insufficient for a reasonable trier of fact to find beyond a reasonable doubt that he in fact possessed the gun on September 17, 1997. Woolfolk does not dispute the fact that he was standing outside the Lounge smoking marijuana and that he ran into the Lounge when the Marshals arrived. In fact, he offers that this suspicious behavior is just as consistent with smoking a controlled substance as it is with possession of a firearm. In other words, Woolfolk offers one illegal act for another as his defense. It is, however, up to the jury to determine how much credit these arguments should receive and they found Woolfolk in possession of a firearm. We cannot second guess them.

Woolfolk further argues that the lighting in the Lounge was extremely dark, making it impossible for the deputy's eyes to adjust immediately from the bright sunlight. This...