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United States v. Hawkins

United States District Court, W.D. Missouri, Western Division

December 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES HAWKINS, Defendant.

          REPORT AND RECOMMENDATION

          LAJUANA M. COUNTS, UNITED STATES MAGISTRATE JUDGE

         Pending before the Court is defendant James Hawkins's pro se[1] Motion to Dismiss for Lack of Venue (Doc. #78 in Case No. 18-00295-01-CR-W-GAF and Doc. #36 in Case No. 19-00205-01-CR-W-GAF). For the reasons set forth below, it is recommended that this motion be denied.

         I. INTRODUCTION

         A. Case No. 18-00295 On October 23, 2018, the Grand Jury returned a two-count Indictment against defendant James Hawkins. On August 6, 2019, the Grand Jury returned a two-count Superseding Indictment against defendant Hawkins. The Superseding Indictment charges that:

COUNT ONE
On or about January 12, 2018, in the Western District of Missouri, the defendant, JAMES HAWKINS, knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm, to wit: a Remington, Model 870 Express, 12 gauge shotgun, bearing Serial Number D577796A, which had been transported in interstate commerce, contrary to the provisions of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
COUNT TWO
On or about January 12, 2018, in the Western District of Missouri, the defendant, JAMES HAWKINS, knowingly received and possessed a shotgun having a barrel of less than 18 inches in length, to wit: a Remington, Model 870 Express, 12 gauge shotgun, bearing Serial Number D577796A, not registered to him in the National Firearms Registration and Transfer Record.
All in violation of Title 26, United States Code, Sections 5841, 5861(d), and 5871.

(Superseding Indictment at 1-2; Doc. #60.)

         B. Case No. 19-00205

         On June 25, 2019, the Grand Jury returned a one-count Indictment against defendant James E. Hawkins. The Indictment charges that on May 20, 2019, defendant Hawkins knowingly possessed a dangerous weapon in the Charles Evans Whittaker Courthouse for the Western District of Missouri, a Federal court facility.

         II. DISCUSSION

         Defendant Hawkins requests that the Court dismiss the charges in Case No. 18-00295 because “the Court lacks jurisdiction and venue over the subject matter” as the charges were not brought timely. (Hawkins's Motion to Dismiss at 2.) Defendant Hawkins contends that the firearm at issue in this case, that is the Remington, Model 870 Express, 12 gauge shotgun, bearing Serial Number D577796A, had been transported in interstate commerce in 2003 and given the ...


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