Background
In July 2020, Jesse Mickles was pulled over by a state trooper while driving on Interstate 70. During the stop, Mickles admitted he was a felon and had a firearm in his car. Police located the gun under the driver’s seat. Mickles was indicted under 18 U.S.C. Section 922(g)(1) and entered a plea agreement stipulating these facts. He later argued on appeal that the district court lacked a factual basis to accept his plea.
The court’s reasoning
The court applied the plain error standard of review because Mickles did not object to the factual basis below. The court found that constructive possession was established by Mickles’s exclusive control over the vehicle and his proximity to the firearm. The court noted that the ownership of the gun by a third party was legally irrelevant. Furthermore, the court reasoned that Mickles’s intent to return the gun to its owner actually proved possession, as he could not move the gun without the power and intent to exercise control over it.
The factual basis supporting constructive possession is overwhelming, so the district court did not err, let alone plainly err.
United States v. Mickles, No. 25-2657 (7th Cir. June 4, 2026)
What it means going forward
This decision reinforces that exclusive control over a vehicle containing a firearm is sufficient to support a felon-in-possession conviction, even if the defendant claims they were merely transporting the weapon for someone else.