United States v. Warren, No. 18-2981 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed Defendants Pugh and Warren's convictions for drug related crimes and affirmed Pugh's sentence. The court held that the informant's testimony, together with the government's other evidence, was sufficient to support Pugh's convictions; the district court did not abuse its discretion in denying Pugh's proposed jury instruction; there was no error in admitting under Federal Rule of Evidence 404(b), a certified copy of Pugh's 2010 information and guilty plea on the Illinois attempted robbery in order to show knowledge and intent; Pugh's Rehaif challenge failed, because sufficient evidence existed such that a reasonable jury could find that Pugh knew of his prohibited status, and because Pugh cannot show a reasonable probability of a different outcome absent the instructional error; and defendant's prior conviction in Illinois for attempted robbery qualifies as a crime of violence for purposes of USSG 2K2.1(a)(4)(a).
In regard to Warren's challenges, the court held that the district court did not abuse its discretion by admitting evidence of two prior convictions to prove knowledge and intent, and Warren's Rehaif challenge failed for the same reasons as Pugh's Rehaif claim.