United States v. DeShawn Miller, 638 F. App'x 543

Police approached a garage on May 20, 2014; Miller threw a plastic bag into a vehicle and shut the door.
Officers saw through the vehicle window a Colt .45 handgun with one round chambered and a 13.39 g bag of marijuana; Miller had keys to the vehicle and $1,140 on his person.
Searches also found two small baggies of marijuana in the garage; Miller, after Miranda waiver, admitted the handgun and marijuana were his and admitted regular marijuana use.
Miller was indicted under 18 U.S.C. §§ 922(g)(3), 924(a)(2) (unlawful user of a controlled substance in possession of a firearm); parties stipulated interstate commerce element.
Court admitted rap-lyrics Miller posted on Facebook (referencing keeping “one in the chamber”) for cross-examination; jury convicted.
At sentencing court applied U.S.S.G. § 2K2.1(b)(6)(B) (firearm possessed in connection with another felony — intent to distribute marijuana) and imposed 30 months’ imprisonment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for 922(g)(3) conviction	Evidence (throwing bag, firearm and marijuana in vehicle, keys, cash, admissions, admission of regular use) supports conviction	Evidence insufficient to prove unlawful user in possession beyond a reasonable doubt	Affirmed — reasonable jury could find guilt beyond a reasonable doubt
Admissibility of rap lyrics on Facebook	Lyrics were relevant to rebut Miller's denial of possession and probative value outweighed prejudice	Lyrics irrelevant and unfairly prejudicial (racial/character prejudice)	Affirmed — district court did not abuse discretion; lyrics were relevant and not unfairly prejudicial
Application of U.S.S.G. § 2K2.1(b)(6)(B) enhancement	Facts (loaded gun, 13.39 g marijuana in vehicle, keys, $1,140 cash, throwing bag, admissions) support inference of intent to distribute by preponderance	Amount of marijuana too small to show intent to distribute; enhancement improper	Affirmed — preponderance standard met based on facts and state precedent (intent to distribute inference)

United States v. Birdine, 515 F.3d 842 (8th Cir.) (standard for reviewing sufficiency of the evidence)
United States v. Coleman, 584 F.3d 1121 (8th Cir.) (reversal only if no reasonable jury could find guilt)
United States v. Thomas, 791 F.3d 889 (8th Cir.) (abuse-of-discretion review for evidentiary rulings)
United States v. Moore, 639 F.3d 443 (8th Cir.) (rap recordings relevant to knowledge and motive when defendant denies involvement)
United States v. Jenkins, 792 F.3d 931 (8th Cir.) (standards for appellate review of guideline enhancements)
State v. Adams, 554 N.W.2d 686 (Iowa) (small quantity of drugs plus cash can support inference of intent to distribute)