United States v. Douglas Elmo Canon, United States of America v. Robert John Delang

Douglas Elmo Canon and Robert John De-lang appeal their convictions for possession of a firearm in violation of 18 U.S.C. § 922 (g), their convictions for using a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c) and their sentences. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Canon’s and Delang’s § 922(g) convictions, reverse their § 924(c) convictions, and vacate and remand their sentences.

I

On August 4, 1990, officers in California noticed Delang’s vehicle had a broken taillight and signalled for him to pull over. Instead, Delang led the officers on a high speed chase. One officer told his partner he thought he saw Delang hand Canon something that looked like a firearm. Canon leaned out the passenger window and fired about eight times. Although Delang argued he never possessed the weapon, the pursuing officers testified that shots were fired from the driver’s (Delang’s) side as the vehicle turned left. Shortly thereafter, Delang crashed the vehicle, and he and Canon were arrested. Their left hands were smudged with powder from a discharged firearm. In the vehicle, the officers found a pistol bearing an inscription that indicated it had been…