Petition for certiorari filed at, 08/11/2014
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. (D.C. No. 2:10-CR-20056-CM-1).
R. Bruce Kips, Shawnee, Kansas, for Defendant - Appellant.
James Brown, Assistant United States Attorney, (and Barry R. Grissom, United States Attorney, on the brief), Topeka, Kansas, for Plaintiff - Appellee.
Before KELLY, BALDOCK, and HARTZ, Circuit Judges.
KELLY, Circuit Judge.
Defendant-Appellant Taurus D. Hoyle appeals from the remand proceedings of his prior appeal. In United States v. Hoyle (Hoyle I), 697 F.3d 1158 (10th Cir. 2012), this court affirmed Mr. Hoyle's conviction of 18 U.S.C. § 922(g)(1) but remanded for proper sentencing. Mr. Hoyle appeals again, this time challenging the district court's denial of his motion for a new trial on remand and consideration of prior state convictions at resentencing. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.
The facts underlying Mr. Hoyle's conviction are detailed in Hoyle I, 697 F.3d at 1161-63. Briefly, Mr. Hoyle was charged with violating 18 U.S.C. § 922(g)(1), which makes it unlawful for a convicted felon to " possess in or affecting commerce, any firearm or ammunition." Id. at 1162-63. The charge came after an incident where Mr. Hoyle pointed a gun at Tyda Hall and threatened to shoot. Id. at 1161. Ms. Hall called 911, and Mr. Hoyle fled. Id.
During the 911 call, Ms. Hall described the gun as a silver revolver. Id. Officer Ruben Rodriguez located Mr. Hoyle and attempted to make contact. Id. at 1161-62. Mr. Hoyle fled, and Officer Rodriguez noticed that it looked like Mr. Hoyle was holding something. Id. at 1162. Officers eventually apprehended Mr. Hoyle, and Officer Rodriguez saw that Mr. Hoyle's hands were scratched and dotted with blood. Id. No gun was found on Mr. Hoyle's person; however, Officer William Saunders searched the immediate area and found a silver revolver under an automobile. Id. Blood was found on the revolver--blood that a DNA test showed to be Mr. Hoyle's. Id.
Mr. Hoyle made several incriminating statements after arrest. First, in an interview with Detective Pat Greeno at Wyandotte County Jail, Mr. Hoyle asked whether he would be prosecuted by state or federal authorities; he wanted to know because he was a felon caught with a gun, and he should be in a federal holding facility. Id. Later, when Detective Greeno was transporting Mr. Hoyle to the United States Marshal's booking facility, Mr. Hoyle asked, " [C]an I plead guilty today?" Id. And when Detective Greeno was reading Mr. Hoyle the terms of a search warrant, Mr. Hoyle interrupted with, " I'm guilty of this, man. You don't need to go through all this." Id.
On this record, we rejected Mr. Hoyle's insufficient-evidence argument and affirmed his conviction. Id. at 1163, 1170. However, we held that his two prior Kansas convictions did " not qualify as predicate convictions for the [Armed Career Criminal Act's] enhanced sentencing provisions" because his civil rights had been restored under Kansas law. Id. at 1161, 1170. We ...