United States v. White, No. 15-1904 (8th Cir. 2016)
Annotate this CaseDefendant appealed his conviction and sentence for possessing stolen firearms and ammunition and for being a felon in possession of firearms and ammunition. The court affirmed the district court's denial of defendant's objection to the admission of other-crimes evidence at trial because, even if some of the evidence was extrinsic, its admission did not violate FRE 404(b). In this case, the evidence was probative of a material issue other than character because it tended to prove defendant’s intent, lack of mistake or accident, and knowledge. Further, the evidence was similar in kind and not overly remote in time. Notice was also reasonable under the circumstances. The court also concluded that the evidence was sufficient to support the convictions. Finally, the court concluded that the district court did not procedurally err by imposing a four-level enhancement under USSG 2K2.1(b)(6)(B) for use or possession of any firearm or ammunition in connection with another felony offense. Defendant's sentence was also substantively reasonable where the district court considered the 18 U.S.C. 3553(a) factors and did not abuse its discretion by varying downward from the advisory sentencing range. Accordingly, the court affirmed the judgment.
Court Description: Gruender, Author, with Wollman and Beam, Circuit Judges] Criminal Case - conviction and sentence. District court did not abuse its discretion in admitting other crimes evidence showing that White possessed other stolen items in his storage unit and car, as the admission met the requirements under Rule 404(b). The evidence was probative of a material issue other than character, the evidence was similar in kind and not overly remote in time, sufficient evidence was presented to support that the prior acts had occurred, and resulting prejudice did not outweigh probative value. One-week notice of intent to introduce the evidence of other stolen items found in White?s storage unit was reasonable under the circumstances. Sufficient evidence was presented from which jury could concluded that White knowingly possessed firearms and ammunition, as he had control over the storage unit and knowledge of its contents and ammunition was found in his home, and that he knew or had reasonable cause to believe they were stolen. District court did not clearly err in finding evidence supported enhancement under USSG sec. 2K2.1(b)(6)(B). Sentence, in which district court varied downward, was not substantively unreasonable and district court did not abuse its discretion.
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