United States v. Jones

371 F.3d 363 (2004)

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Nature of the Case

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Facts

Rock entered the Westforth Sports Shop in Gary, Indiana, with an unidentified individual and made a $200 down payment on a Norinco SKS semi-automatic assault rifle. Rock was a frequent customer at Westforth's. Rock had purchased at least ten firearms from Westforth's, and the ATF had asked the store to alert them if Rock made any more purchases. The sales clerk called the ATF to report the transaction. ATF agents arrived at the store and hid in a back room. P made no effort at trial to establish the identity of Rock's companion but argued in closing that D was the second man in the store. Rock returned to the store later that morning, and D admits that this time he was with Rock. Store surveillance cameras recorded the entire time the two men were at Westforth's. The store surveillance video showed that Rock filled out a federally required Form 4473. The video also showed that during this period D handled the rifle briefly, spoke with Rock and the sales clerk, smoked a cigarette, looked at the display cases, and held a pistol from one of the cases for a few moments. There was no testimony about what D said while in the store. Once the sale was completed, the sales clerk placed the rifle in a box and Ds carried the box to Rock's car and placed it in the trunk. The two men then drove away, and ATF agents followed. They drove across state lines to Chicago. While Rock remained in the car, D got out and walked into the building. Approximately a minute later Rock exited his car and opened the trunk. The ATF agents testified that they believed Rock was trying to remove the rifle from the trunk, so they approached the car and arrested him. Approximately three to five minutes after Rock had parked his car, D and seven or eight other people exited the building. The agents approached and detained D, but did not question the others. Chicago police officers took D to a police station for questioning, but later released him and allowed him to leave in Rock's vehicle. D was indicted along with Rock. But Rock became a fugitive, so D was tried alone. Agent Cynthia Carroll testified that the ATF had been investigating Rock because he had bought eleven firearms from Westforth's. Agent Carroll testified that the ATF suspected Rock of making 'straw purchases.' The government presented no evidence that D was involved in any other transactions, but argued in its closing that D was helping Rock to carry out one of these straw purchases on June 20 and that D entered the housing project to find a buyer for the rifle. The version of Rock's confession read to the jury made no mention of D. D testified that he is a drug addict and that on the morning in question he wanted to go to Chicago to purchase heroin. D testified that he was standing on a street corner in Gary where addicts regularly go to look for rides into Chicago to buy drugs when Rock -- who was a casual acquaintance -- drove up and offered to take him. Rock said he needed to make a stop before heading to Chicago and then went to Westforth's. D said he was experiencing withdrawal and wanted to get to Chicago quickly, so he went into the store to try to keep Rock from wasting time -- an explanation the government disputed in its closing. When they arrived at 2920 South State Street, D went inside and bought heroin that he snorted while still inside. D also testified that this building was the location where he usually bought his heroin. D was found guilty and appealed.