United States v. Myking Green

── United States v. Myking Green ── Court: Court of Appeals for the Eleventh Circuit Date: April 21, 2026 Category: NEW USCA11 Case: 24-13038 Document: 51-1 Date Filed: 04/21/2026 Page: 1 of 13 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13038 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MYKING DAYQUAN GREEN, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cr-20030-PCH-1 ____________________ Before ROSENBAUM, LUCK, and WILSON, Circuit Judges. PER CURIAM: Myking Green was convicted by a jury of possessing a fire- arm as a convicted felon. He appeals his conviction, arguing that USCA11 Case: 24-13038 Document: 51-1 Date Filed: 04/21/2026 Page: 2 of 13 2 Opinion of the Court 24-13038 there was insufficient evidence to support his constructive posses- sion of the firearm and that the district court erred by dismissing a disruptive and noncompliant juror. After careful review, we af- firm. FACTUAL BACKGROUND Green was the front passenger in a car pulled over by police for running a stop sign. There were three people in the car: the driver, Green, and another passenger sitting behind Green. After the car was stopped, Green stepped out. One of the two officers, Officer Richard Muñoz, twice instructed him to get back in the car. Green told Officer Muñoz that he could not open the door because he had no key. Officer Muñoz then detained Green. Of- ficer Muñoz’s bodycam video captured nearly the entire stop and search. When Officer Muñoz opened the unlocked front-passenger- side door, he discovered a loaded gun lying in plain sight on top of a white t-shirt on the floorboard in front of the seat where Green had been sitting. Because a background check showed Green was a convicted felon, he was arrested. After the gun was found and impounded, Green argued with the officers, telling them: “[d]id your officer see me with a gun, did you see me with a gun?”; “just because a gun is in the car, you can’t say that [I’m a felon-in-posses- sion]”; “I got out of the car”; and “[h]ow can you give me construc- tive possession for something I don’t know about?” USCA11 Case: 24-13038 Document: 51-1 Date Filed: 04/21/2026 Page: 3 of 13 24-13038 Opinion of the Court 3 PROCEDURAL HISTORY Green was indicted for possessing a firearm as a convicted felon. See 18 U.S.C. § 922(g)(1). He proceeded to trial. During voir dire, a prospective juror said he’d need video evidence to convict and mentioned a previous “bad experience” getting pulled over by police. When pressed, though, he said he’d follow instructions and was selected as juror 10. Juror 10 was “vis- ibly . . . ang[ry]” at his selection, which was “obvious” from his fa- cial expression, body language, and his “muttering to himself.” After the first day of trial, juror 10 was discharged for two instances of disruptive behavior. First, juror 10 raised his hand multiple