Admissibility of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Anthony Gay

Case No.: 23-2097

Officials: Easterbrook, Hamilton, and Kolar, Circuit Judges.

Focus: Admissibility of Evidence

Gay, a convicted felon, was found guilty of possessing firearms and ammunition, offenses he was barred from due to prior convictions. Gay was a passenger in a car stopped by police, fleeing on foot when pursued. Police claimed to find a gun where Gay fell, and bullets in a motel room he rented. He was indicted and convicted on firearms and ammunition charges, receiving concurrent 84-month sentences and three years’ supervised release.

Gay previously contested the admissibility of motel room bullets, alleging Fourth Amendment violations. The district court denied his motion, citing expired occupancy rights, bullets found before police involvement, and lawful admission by the motel manager. The court noted Gay’s diminished privacy expectation due to parole.

On appeal, Gay challenged his firearms conviction, suggesting weapon planting. The court found evidence, including motel room bullets, supported the charge. It dismissed Gay’s claim of prejudicial trial prep reduction, citing prior trial and evidence compilation.

Gay argued the prosecution was unconstitutional, citing the Second Amendment’s alleged allowance for felons to possess firearms. However, the court upheld the lower court, citing precedent on felon firearm bans. It deemed Gay, with 22 convictions and on parole, unfit as a constitutional “law-abiding, responsible citizen” with firearm rights.

Affirmed.

Decided 04/12/24

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