United States v. Jesse Mickles

── United States v. Jesse Mickles ── Court: Court of Appeals for the Seventh Circuit Date: June 04, 2026 Category: General In the United States Court of Appeals For the Seventh Circuit ____________________ No. 25-2657 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JESSE MICKLES, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:20-cr-00173 — Sarah Evans Barker, Judge. ____________________ ARGUED MAY 11, 2026 — DECIDED JUNE 4, 2026 ____________________ Before ROVNER, SYKES, and ST. EVE, Circuit Judges. ST. EVE, Circuit Judge. Jesse Mickles admitted during a traf- fic stop that he was a felon and had a firearm in his car. Police found that gun under the driver’s seat, and before long, Mick- les pled guilty to violating 18 U.S.C. § 922(g)(1). He argues on appeal that the district court plainly erred in accepting this plea because it lacked a factual basis, but the factual basis is irrefutable, so we affirm. 2 No. 25-2657 I. Background In July 2020, Jesse Mickles was driving down I-70 when an Indiana state trooper pulled him over. After the trooper asked Mickles if he had any weapons, Mickles admitted that he had a firearm in the car—and that he was a felon. The trooper found that firearm under the driver’s seat. Two weeks later, a grand jury indicted Mickles under 18 U.S.C. § 922(g)(1), which forbids felons from possessing fire- arms. Mickles entered into a plea agreement that stipulated the facts above as the basis for his guilty plea. In advance of his change-of-plea hearing, Mickles submitted an affidavit signed by Steve Gray, the owner of the firearm that Mickles admitted to possessing. According to the affidavit, Mickles was returning the firearm to Gray, who had left it at Mickles’s home, when the trooper pulled him over. At the change-of-plea hearing, Mickles confirmed that he understood the charge against him to be possessing a firearm as a previously convicted felon. The court asked him if he had any questions about that charge or its essential elements, to which Mickles responded he was “very clear on it.” He fur- ther assured the court that he had read the plea agreement— which listed the elements of § 922(g)(1) and the factual basis— and “thoroughly went over it” with his attorney. Mickles later confirmed that the plea agreement’s stipulated factual basis accurately reflected his conduct. The court accordingly ac- cepted Mickles’s plea as knowing, voluntary, and supported by an adequate factual basis. II. Discussion Mickles contends that the district court violated Federal Rule of Criminal Procedure 11(b)(3), which provides: “Before No. 25-2657 3 entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.” In Mickles’s telling, the district court lacked evidence that he knowingly pos- sessed the firearm—a necessary element under § 922(g)(1). See United States v. Coley, 137 F.4th 874, 882 (7th Cir. 2025) (listing the elements of this offense). Mickles concedes that because he did not object to the factual basis below or move to with- draw his plea, our review is only for plain error. See United States v. Power, 170 F.4th 640, 644 (7th Cir. 2026). For purposes of § 922(g)(1), “[p]ossession may be either actual or constructive.” United States v. White, 95 F.4th 1073, 1078 (7th Cir. 2024). Whereas “direct physical control over a thing” constitutes actual possession, “[c]onstructive posses- sion is established when a person, though lacking such phys- ical custody, still has the power and intent to exercise control over the object.” Henderson v. United States, 575 U.S. 622