Recent Third Circuit Decision on Felon in Possession of a Firearm

Bold New Ruling on Felon in Possession of a Firearm

On February 27, 2025, the United States Court of Appeals for the Third Circuit issued a pivotal ruling in United States v. Rodney Ashe, a case concerning the sentencing of a felon in possession of a firearm. The court vacated a sentencing enhancement that had been applied by the District Court and remanded the case for resentencing. The decision underscores the evidentiary requirements for proving constructive possession in firearm cases and provides guidance for criminal defense attorneys handling felon in possession of a firearm cases.

Case Background: Traffic Stop Leads to Firearm Possession Charge

On October 3, 2022, Ashe was stopped by police for failing to maintain his lane while driving. During the traffic stop, officers observed a handgun protruding from the front pocket of his sweatshirt, leading to his arrest for being a felon in possession of a firearm. His vehicle was then impounded, but officers only searched the driver’s area and did not inspect the trunk at the time of the arrest.

More than six months later, on April 25, 2023, while Ashe’s car was being repossessed, a towing employee discovered an AK-style pistol and ammunition inside a duffle bag in the trunk. This discovery led to an enhancement in Ashe’s sentencing, significantly increasing the penalty he faced.

Legal Issue: Applying Sentencing Enhancements for Firearm Possession

Ashe pleaded guilty to the felon in possession of a firearm charge based on the handgun found in his sweatshirt. His plea agreement with the government stipulated a total offense level of 12. However, the U.S. Probation Department applied an enhancement under U.S.S.G. § 2K2.1(a)(4)(B), raising the total offense level to 17. The basis for this enhancement was the AK-style pistol discovered in Ashe’s trunk.

Both Ashe and the government objected to the sentencing enhancement, arguing that the firearm in the trunk was found too long after Ashe’s incarceration to establish possession. Despite these objections, the District Court ruled that a preponderance of the evidence supported Ashe’s constructive possession of the firearm, citing Ashe’s criminal history and ownership of the vehicle. The court sentenced him to 37 months in prison, applying the enhancement for possessing a semiautomatic firearm capable of accepting a large-capacity magazine.

Third Circuit’s Reversal: Proving Constructive Possession of a Firearm

The Third Circuit vacated Ashe’s sentence, ruling that the District Court clearly erred in finding constructive possession. Constructive possession requires that the defendant knowingly had both power and intent to exercise control over the firearm. While Ashe owned the vehicle where the gun was found, the appellate court determined that mere ownership was insufficient to establish constructive possession.

Key factors that led to the Third Circuit’s reversal included:

  • Time Lapse: The firearm was discovered more than six months after Ashe’s arrest, during which time he had no access to the car.
  • Firearm Location: The AK-style pistol was found in a duffle bag in the trunk, not in an area where Ashe had direct access.
  • Security of the Impound Lot: While the lot had a locked gate, it lacked concrete evidence of restricted access, meaning the weapon could have been placed there by someone else.
  • Prior Convictions: Ashe’s history of prior felon in possession of a firearm offenses involved handguns, while the AK-style pistol was substantially different in nature, weakening the argument that he constructively possessed it.

The Third Circuit ultimately concluded that the government failed to meet the burden of proof for constructive possession, and therefore, the sentencing enhancement was unjustified.

Key Takeaways on Felon in Possession of a Firearm Cases

The Third Circuit’s decision in United States v. Ashe reinforces key legal principles for felon in possession of a firearm cases, particularly regarding constructive possession in sentencing enhancements. The ruling highlights that:

  • Mere ownership or control of a vehicle does not automatically establish possession of items within it.
  • Courts require additional linking evidence to prove constructive possession, especially when there is a significant time gap between the alleged possession and discovery of the firearm.
  • Sentencing enhancements must be supported by substantial evidence, and speculative reasoning does not meet the legal standard of proof.

This decision is critical for criminal defense attorneys handling felon in possession of a firearm cases, as it provides guidance on challenging constructive possession claims and fighting unfair sentencing enhancements.

Protect Your Rights if Facing a Felon in Possession of a Firearm Charge

Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929.

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