United States of America v. Joshua Eugene Gaines

Birmingham, Alabama criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



After pleading guilty to a crime classified by Alabama law as

a Class D felony, Joshua Gaines was caught in possession of a fire-

arm. He was charged with and convicted of violating 18 U.S.C.

§ 922(g)(1)—colloquially, the federal "felon-in-possession” statute.



In November 2019, Joshua Gaines pleaded guilty in an Ala-

bama court to the crime of "receiving stolen property in the third

degree.” Gov't Trial Ex. 2, at 1, Dkt. No. 74-2 (citation modified).

Alabama law classifies that offense as a Class D felony. See Ala.

Code § 13A-8-18.1(b). Before pleading guilty, Gaines's lawyer told

him (and a state-provided "Explanation of Rights and Plea of

Guilty” form confirmed) that he would receive a "non-prison” sen-

tence of 13 to 31 months, suspended—meaning that it would be

deferred provided that he continued to satisfy his terms of proba-

tion. See Gov't Trial Ex. 2 at 4; Jury Trial Tr. II, at 260:16–22, Dkt.

No. 89.



Gaines appealed, arguing, as relevant here, that the government

had presented insufficient evidence to convict him and, therefore,

that the district court erred in refusing to grant his motion for judg-

ment of acquittal.



Gaines's lawyer was right. Given Gaines's criminal history,

the applicable law foreclosed a sentence that included any actual

prison time. Under Alabama law at the time, a Class D felony gen-

erally triggered a "definite term of imprisonment” of "not more

than 5 years or less than 1 year and 1 day”—but, importantly, it also

mandated that any sentence be "in accordance with subsection (b)

of Section 15-18-8.” See Ala. Code § 13A-5-6(a)(4) (2019) (amended

2023). Section 15-18-8(b), in turn, barred judges from imposing

prison sentences on Class D felons who hadn't been convicted of

either (1) three or more felonies or (2) two or more serious felonies.

See Ala. Code § 15-18-8(b), (e) (2019) (amended 2023). Instead, for

those offenders, it required a sentence of "probation, drug court,

or a pretrial diversion program,” or confinement in "a consenting

community corrections program” for "a period not exceeding two

years”—or, if no community corrections program existed, in a

"high-intensity probation under the supervision of the Board of

Pardons and Paroles.” Id.



After pleading guilty, Gaines was given a 24-month sus-

pended sentence and was placed on probation for two years. Fol-

lowing his sentencing, Gaines signed a "Registration of Felons”

form notifying him that, pursuant to the Federal Gun Control Act

of 1968, he couldn't possess a firearm.



Six months later, police officers stopped a car in which

Gaines was a passenger. The officers discovered a gun in the car,

and Gaines admitted that it was his. The officers arrested Gaines

and took him to jail.

Reversed