United States v. White

Defendant 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. View "United States v. White" on Justia Law