United States v. Hillard

Facts

In February of 2005, an officer responded to a 911 call. When they arrived, a partially-clothed woman named Ms. Cole answered the door and invited officers inside. Defendant was present and did not object. Ms. Cole asked the officers to follow her into a bedroom, defendant did not object or move. Officers observed Ms. Cole dress herself and saw several of her items throughout the room. Ms. Cole retrieved a .38 caliber revolver from under the bed, gave it to the officer, and said it belonged to the defendant. Ms. Cole then went into the kitchen and gave the officers a baggie of crack cocaine that belonged to the defendant. Defendant was then arrested for possession and defendant acknowledge that he purchased the firearm.

In August of 2005, officers were surveilling the defendant and saw him engage in several quick interactions. They obtained a search warrant and searched the defendant’s home. They found a .357 Magnum revolver under his bed and 237 grams of crack cocaine in the kitchen along with expensive jewelry, $791 in cash orders, and $1,100 in cash on his person. Defendant admitted in a written statement to possession of the crack cocaine and that he purchased the firearm off the street because he could not legally purchase a firearm due to his felon status. Defendant was indicted and convicted by a jury of two counts of possession with intent to distribute, two counts of felon possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed arguing insufficient evidence.