Submitted January 13, 2015
Appeal from United States District Court for the Western District of Missouri - Kansas City.
For United States of America, Plaintiff - Appellee: Don Michael Green, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO.
For Mario A. Thibeaux, Defendant - Appellant: Travis D. Poindexter, Assistant Federal Public Defender, Federal Public Defender's Office, Kansas City, MO.
Mario A. Thibeaux, Defendant - Appellant, Pro se, Terre Haute, IN.
Before LOKEN, MURPHY, and MELLOY, Circuit Judges.
LOKEN, Circuit Judge.
A jury convicted Mario Thibeaux of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court imposed a sentence of 120 months in prison. Thibeaux appeals, challenging the sufficiency of the evidence that he possessed the handgun in question, the district court's exclusion of evidence of a subsequent firearm offense by the other suspect, and his sentence. We affirm.
I. Sufficiency of the Evidence
We review a sufficiency of the evidence claim do novo and will reverse only if no reasonable jury could have found Thibeaux guilty, viewing the evidence in the light most favorable to the jury's verdict. See, e.g., United States v. Cowling, 648 F.3d 690, 700 (8th Cir. 2011), cert. denied, 132 S.Ct. 1905, 182 L.Ed.2d 776 (2012). Thibeaux stipulated that he had previously been convicted of a crime punishable by a term of imprisonment exceeding one year, and that the firearm in question was manufactured in Argentina. Thus, as in many felon-in-possession cases, the issue at trial was whether Thibeaux knowingly possessed the firearm. See id.
The government's first witness at the August 2013 trial was Geraldine Scott. She testified that she awoke to the sound of a woman's screams outside her home on Montgall Avenue at 2:00 a.m. on February 22, 2013, the night of a heavy snowstorm. She called 911, looked out her bedroom window, and reported that two men and a woman were running around a vehicle in the street. One man, wearing " like a black and white jacket," was pointing a handgun at the other man. Scott testified the trio went into a house across the street, then the other man and the woman came out, got in the vehicle, and backed it down Montgall Avenue, a one-way street, until it got stuck in the snow at a nearby intersection. " The guy in the white jacket came out later" and went to the intersection where the car was. ...