United States v. Brewer

United States v. Brewer

Opinion

 [*1320]  KRUPANSKY, Circuit Judge.

On rehearing. Defendants-appellants Curtis Lee Brewer (Curtis Brewer), James Phillip Brewer (James Brewer),  [**2]  and Giles Erwin Ferguson (Ferguson), appealed their respective jury convictions for unlawful possession of firearms by convicted felons. Defendants James Brewer and Ferguson also appealed their enhanced sentences imposed pursuant to the Armed Career Criminal Act of 1984 (the ACCA), 18 U.S.C. § 1202, 841 F.2d 667.

The defendants' convictions resulted from the discovery of a Ruger rifle and homemade silencer (along with numerous burglar tools) in the trunk of a rented automobile in which the defendants and one other passenger, Joe McQuiston (McQuiston), were traveling in and about the city of Chattanooga, Tennessee. An experienced police officer, Del Thomasson (Thomasson), stopped and detained the motor vehicle in question for a traffic violation. During his conversation with the driver, Thomasson observed a book of police radio frequencies, flashlights, gloves, and an object which appeared to be a police radio scanner inside the automobile. Officer Herbert Keedy detained the vehicle while Thomasson departed the scene to obtain a search warrant. Thereafter, Keedy radioed Thomasson that jumper wires (which may be used to bypass burglar alarms) were visible inside the vehicle. Upon the joint observations [**3]  of the police officers, Thomasson received a warrant to search the vehicle. When he radioed Keedy that he had received the warrant, Keedy searched the trunk of the automobile and found burglar tools, a rifle, and a silencer. At trial, McQuiston, who had confessed and had pleaded guilty, testified  [*1321]  that the four men were planning to burglarize a department store in Fort Oglethorpe, Georgia and that all four collectively possessed the rifle and silencer as part of their burglar tools (to shoot out burglar alarms). James Brewer's wife identified the rifle and silencer as having been used previously by her husband in the commission of burglaries. McQuiston also noted that he had seen the rifle and silencer in the possession of the Brewers on a previous occasion. The evidence was uncontroverted that the rifle and silencer were functional, unregistered, and had traveled in interstate commerce, and that the defendants were convicted felons.

Defendant Curtis Brewer was sentenced to two and six years of imprisonment, to be served consecutively. Defendant Ferguson was sentenced to be incarcerated for 15 and 10 years to be served concurrently and James Brewer was sentenced to imprisonment for [**4]  20 and 10 years to be served concurrently, pursuant to the ACCA. All defendants appealed to this court and their appeals have been consolidated for disposition.

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