United States v. Daniel Clark Summers

Daniel Clark Summers was convicted, after a jury trial, on one count of being a felon in possession of a firearm under 18 U.S.C. §§ 922 (g)(1) & 924(e) and one count of possession of an unregistered sawed-off shotgun under 26 U.S.C. §§ 5861 (d) & 5871. Summers appeals the district court’s denial of his motion to suppress evidence and the district court’s jury instructions. He also challenges the constitutionality of 18 U.S.C. § 924 (e) in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

At approximately 10:00 p.m. on April 15, 1999, Police Officer Steven Barclift observed Summers near a Goodwill drop station in the parking lot of a grocery store in Tumwater, Washington. The Goodwill drop station was a semi-trailer, which was closed and unattended. Officer Barclift observed Summers carrying a box from the trailer to his car which was parked in front of, and at a slight angle to, the trailer. Summers’ headlights shone onto the front of the trailer. Officer Barclift drove his police car past Summers’ car and parked perpendicular to it without…