United States v. Brooks-Davis, No. 19-2876 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for two counts of aiding and abetting a felon in possession of a firearm. The court held that the evidence was sufficient to support defendant's conviction where the evidence showed he constructively possessed the Glock pistol in the Air Jordan bag and was in joint constructive possession of three other handguns. The court also held that there was no plain Rehaif error where defendant cannot show that the district court's failure to include a Rehaif instruction affected his substantial rights or seriously affected the fairness, integrity, or public reputation of the proceedings. Finally, the district court did not err by imposing a sentencing enhancement under USSG 2K2.1(b)(1) for possessing three to seven firearms.