Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Daniels

United States Court of Appeals, Eighth Circuit

August 5, 2019

United States of America Plaintiff- Appellee
v.
Nico Deshawn Daniels Defendant-Appellant

          Submitted: April 18, 2019

          Appeal from United States District Court for the Western District of Arkansas - Hot Springs

          Before COLLOTON, GRUENDER, and ERICKSON, Circuit Judges.

          ERICKSON, CIRCUIT JUDGE.

         Nico Daniels was convicted by a jury of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He raises three issues on appeal, but only one is central to our decision: whether the district court[1] erred by admitting statements he made during his state parole revocation hearing related to possession of the firearm. Because the statements were properly admitted and the remaining alleged errors are harmless in light of Daniels' admissions at the hearing, we affirm.

         I. Background

         On July 30, 2017, the Arkadelphia (Arkansas) Police Department received calls reporting a white female passing counterfeit $100 bills at multiple businesses in the city. Officers reviewed surveillance camera footage from the businesses and observed the woman entering a light-colored Nissan Maxima. Shortly thereafter, officers located the Nissan in a parking lot. Corporal James Shearin pulled his squad car behind the parked vehicle and turned on his lights.

         The officers approached the Nissan with their weapons drawn. Inside the vehicle the police found Daniels in the driver's seat, an unnamed black woman in the passenger seat, and Freddie Ezekiel in the back seat. They did not discover the white female suspect in the car or the parking lot. During their interactions with the occupants, the police smelled marijuana inside the vehicle. Corporal Shearin ordered Daniels to exit the vehicle, placed him in handcuffs, and led him to the rear of the vehicle.

         Corporal Shearin explained to Daniels why he was being detained and asked him where the white female was. Daniels responded that they dropped her off at Walmart (the "First Statement"). Corporal Shearin then asked Daniels if he had a gun on him, and Daniels denied it (the "Second Statement"). Corporal Shearin asked if there was any marijuana inside the vehicle, and Daniels responded affirmatively (the "Third Statement"). Corporal Shearin did not read Daniels his Miranda rights prior to or during this conversation.

          While Corporal Shearin was busy with Daniels, Sergeant Dean Palmer arrived at the scene. Corporal Shearin placed Daniels in the back seat of Sergeant Palmer's squad car and shut the door. As Sergeant Palmer walked around the parking lot and back toward his squad car, he observed that Daniels was trying to get his attention. Sergeant Palmer opened the door, and Daniels told him that a .38 caliber gun was under the driver's seat in the Nissan (the "Fourth Statement"). Sergeant Palmer also did not advise Daniels of his Miranda rights.

         Inside the Nissan, officers found a .38 caliber gun on the floorboard of the driver's seat. Elsewhere inside the car, they found counterfeit money and goods bought earlier that day from the stores that had reported the white female passing counterfeit currency. A while later, Corporal Shearin approached Sergeant Palmer's squad car and Daniels spontaneously said, "Yes, I'm on parole" (the "Fifth Statement").

         On August 29, 2017, Daniels appeared at a state parole revocation hearing and made voluntary statements that he had violated the terms of his parole by being a felon in possession of a firearm. While Daniels was without counsel at the hearing, he had been informed two weeks prior to the hearing that he had the right to be represented by counsel. He was also informed of his right to present evidence and to contest evidence and to call witnesses at the hearing. When he appeared at the hearing, he was informed that he was not required to make any statements but that any statement he made could be used against him. At the hearing, Daniels admitted that he possessed the firearm charged in this case and that he had violated his parole in a number of particulars. The court revoked his parole.

         In October of 2017, Daniels was charged in federal court with being a felon in possession of a firearm. Daniels moved to suppress the inculpatory statements made to the police. The district court granted Daniels's motion to suppress the Second and Third Statements but denied the motion as it related to the First, Fourth, and Fifth Statements. Daniels also filed a motion in limine seeking to prohibit the admission of his statements from the parole revocation hearing as well as the official documents from the hearing. After conducting a Rule 403 analysis, the district court granted the motion as to the official hearing documents but denied the motion as to Daniels's personal admissions and statements.

         The government also filed a motion in limine seeking to prevent Daniels from introducing evidence of Ezekiel's 2002 conviction for being a felon in possession of a firearm. The district court granted the motion. Daniels appeals the district court's rulings on both motions in limine, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.