United States v. Jody James Dunn

Jody James Dunn timely appeals his conviction and sentence for possession of a weapon by a prior felon ( 18 U.S.C. § 922 (g)(1)) (Count 1) and for possession of an unregistered firearm ( 26 U.S.C. § 5861 (d)) (Count 2). We affirm the conviction on Counts 1 and 2 and the sentence on Count 1. We remand for resentencing on Count 2.

BACKGROUND

In the late afternoon of May 17, 1988, Jody James Dunn, his girlfriend Orlena Gasto, and several companions scuffled with a handyman-security guard, Willie Thomas, at a Los Angeles laundromat after being told to stop dealing cocaine and to leave the premises. Mr. Dunn and his companions were gone when the police arrived to hear Mr. Thomas’ story.

Mr. Dunn and one or two companions returned to the laundromat sometime after 10 p.m. that evening. Mr. Dunn pointed a sawed-off shotgun at Mr. Thomas’ head and threatened to kill him. Then, someone wanting to buy cocaine from Mr. Dunn distracted him and soon after he drove away.

Within five or ten minutes, the police, responding to Mr. Thomas’ phone call, found Mr. Dunn sitting in a car matching Mr. Thomas’ description two blocks from the laundromat. They arrested Mr. Dunn and confiscated the…