United States of America v. William James Palm

NOT RECOMMENDED FOR PUBLICATION
File Name: 25a0343n.06
No. 24-1524
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM JAMES PALM,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
MICHIGAN
Before: KETHLEDGE, MURPHY, and MATHIS, Circuit Judges.
KETHLEDGE, Circuit Judge. William Palm challenges the constitutionality of the felon-
in-possession statute as it applies to him. We reject that argument and affirm his criminal
judgment.
In the early-morning hours of May 23, 2021, Kalamazoo police officers pulled Palm over
for speeding. Palm fled on foot, but the police soon caught him. They arrested him and searched
his car, where they found a drum-style magazine loaded with 9mm, hollow-point ammunition. But
they found no gun. The police thus retraced Palm’s steps and found a 9mm pistol (also loaded
with hollow-point ammunition) on the ground near a camper. Palm admits the gun was his.
In September 2021, a grand jury indicted Palm for possession of a firearm and ammunition
in violation of 18 U.S.C. § 922(g)(1). Palm pled guilty but later moved to withdraw his plea and
to dismiss the indictment on the ground that § 922(g)(1) violates his Second Amendment rights.

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The court rejected Palm’s Second Amendment arguments, denied the motions to dismiss and to
withdraw the plea, and sentenced Palm to 37 months in prison. This appeal followed.
Palm challenges the constitutionality of § 922(g)(1) as applied to him. The Second
Amendment protects “the right of the people to keep and bear Arms.” U.S. Const. amend. II. The
term “the people” includes all American citizens, including felons, so the Second Amendment
presumptively protects Palm’s right to possess a gun. See United States v. Williams, 113 F.4th
637, 649 (6th Cir. 2024). But “our nation’s history and tradition demonstrate that Congress may
disarm individuals they believe are dangerous.” Id. at 657. Thus, § 922(g)(1) is constitutional “as
it applies to dangerous individuals.” Id. at 662. Here, the question is whether Palm is a “dangerous
individual” for purposes of that rule.
To answer that question, we consider Palm’s “entire criminal record—not just the specific
felony underlying his section 922(g)(1) prosecution.” Id. at 663. Palm has three convictions for
fleeing from police officers. In 2003, he led officers on a car chase that ended after Palm crashed
his vehicle. In 2006, he fled from police through a residential area—driving at high speeds and
running multiple stop signs. And in 2007—after police approached Palm’s parked car after seeing
his passenger dealing drugs—Palm sped away at 90 miles per hour before ditching the car and
fleeing on foot. This conduct was dangerous, see United States v. Martin, 378 F.3d 578, 583 (6th
Cir. 2004); and Palm has a conviction for drug trafficking, which presents an inherent threat of
danger to the public, see Williams, 113 F.4th at 663. Moreover, Palm was earlier convicted for
felon-in-possession after police arrested Palm for selling crack cocaine out of his home. Courts
have long recognized that “drugs and guns are a dangerous combination.” Smith v. United States,
508 U.S. 223, 240 (1993). Thus, Palm’s criminal record easily shows a “pattern of dangerous
conduct” that justifies disarmament. United States v. Goins, 118 F.4th 794, 805 (6th Cir. 2024).

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No. 24-1524, United States v. Palm
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Meanwhile, Palm continued that pattern here by fleeing police yet again. And this time he
was armed—at least until he tossed the gun aside, where anyone could have picked it up. See, e.g.,
United States v. Stafford, 721 F.3d 380, 402-03 (6th Cir. 2013). That Palm was still on supervised
release for his prior firearms conviction further demonstrates Palm’s disregard for the law and his
willingness to engage in dangerous conduct. Section 922(g)(1) is constitutional as applied to Palm
in this case.
The district court’s judgment is affirmed.

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