United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2207 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Emmanuel Robinson lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: September 24, 2020 Filed: December 18, 2020 ____________ Before KELLY, WOLLMAN, and STRAS, Circuit Judges. ____________ KELLY, Circuit Judge Emmanuel Robinson was convicted after trial on one count 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 two arguments on appeal. First, he claims that the district court1 erred in 1 The Honorable Judge Howard F. Sachs, United States District Judge for the Western District of Missouri. denying his motion to suppress evidence obtained during his arrest. Second, he argues that the district court2 erred at trial by not requiring the government to prove that he knew he was in a category of persons prohibited from possessing a firearm. See Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019). After carefully considering both of these arguments, we affirm. I. On March 10, 2017, Detectives William Hooley and David Kellgren with the Kansas City, Missouri Police Department went to a used car lot and repair shop in Kansas City to speak with a man named Davionne Harvey. When they arrived, the detectives, who were not in uniform, spotted Harvey in the parking lot and approached him. Harvey agreed to talk to them, but said he first wanted to give a ring of keys to “one of his guys.” Harvey walked toward another man in the parking lot, later identified as Robinson, and handed him the keys. As Harvey turned to walk back toward the detectives, Robinson shoved him in the back, causing him to stumble forward, and yelled, “Are we going to do this right here? Are we going to do this right now?” As he yelled, Robinson motioned toward his waistband in a way the detectives associated with a move to draw a weapon. The detectives identified themselves and told Robinson to stop and back up. Robinson began to retreat but kept his hand at his waistband the entire time. At that point, the detectives separated Harvey and Robinson. Detective Kellgren frisked Robinson and found a gun in his waistband. The detectives then ran a computer check on Robinson, learned that he had previously been convicted of a felony, and arrested him. Following his arrest, Robinson was indicted on one count of being a felon in possession of a firearm. He moved to suppress evidence of the firearm, arguing it 2 The Honorable Judge David Gregory Kays, United States District Judge for the Western District of Missouri. -2- was seized as a result of an unlawful search. After an evidentiary hearing at which both detectives and Harvey testified, the magistrate judge recommended the motion be denied. The district court adopted the recommendation and denied the motion. Robinson’s case proceeded to trial. Among other evidence, ...
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