United States v. Robert William Green

Case: 14-12830 Date Filed: 09/29/2017 Page: 1 of 47 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-12830 ________________________ D.C. Docket No. 3:14-cr-00007-RV-1 UNITED STATES OF AMERICA, Plaintiff–Appellee, versus ROBERT WILLIAM GREEN, Defendant–Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (September 29, 2017) ON PETITION FOR REHEARING Before JORDAN and JULIE CARNES, Circuit Judges, and ROBREÑO,∗ District Judge. ∗ Honorable Eduardo C. Robreño, United States District Judge for the Eastern District of Pennsylvania, sitting by designation. Case: 14-12830 Date Filed: 09/29/2017 Page: 2 of 47 JULIE CARNES, Circuit Judge: In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot. A jury convicted defendant Robert Green of being a felon in possession of a firearm or ammunition in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Defendant to 262 months in prison followed by 3 years of supervised release. Defendant appeals his conviction and sentence. After careful review, we affirm. I. BACKGROUND A. Facts In early 2013, Defendant was charged with various state offenses. While on pre-trial release, Defendant wore a court-ordered GPS monitoring bracelet that reported his location to the Santa Rosa County Sheriff’s Office. On April 3, 2013, the Sheriff’s Office discovered that Defendant was no longer wearing the GPS bracelet. A week later, several officers went to the home of Jodi Simmons, where 2 Case: 14-12830 Date Filed: 09/29/2017 Page: 3 of 47 they believed they would find Defendant,1 to arrest him. Initially, Ms. Simmons denied that Defendant was inside, but she gave the officers permission to enter the trailer and search for him. When they entered the master bedroom, the officers discovered a man’s camouflage jacket hanging on the bedpost. The jacket was a large jacket and Jodi Simmons was not a large person. On the floor next to the bed, and on the same side of the room as the closet, the officers observed a pair of men’s shoes. On a nearby nightstand, the officers saw a firearm loaded with .22 caliber ammunition, two pipes of the type typically used to smoke methamphetamine, a camouflage bag, and a washcloth. The camouflage bag contained a digital scale, .6 grams of methamphetamine, .22 caliber ammunition, and empty plastic baggies of the type used to hold drugs or ammunition. On the floor of the bedroom, near the man’s jacket and pair of shoes, the officers also found a blue bag containing tools and ingredients used to manufacture methamphetamine, as well as more .22 caliber ammunition. The blue bag contained an identification card in the blue bag that did not belong to Defendant or Simmons. Confronting Simmons with their belief that Defendant was in fact in the trailer, ...

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