United States v. Earl McKee, 42 F.4th 910

Shortly before midnight on Aug. 30, 2020, security-camera footage from the Town and Campus Apartments showed a man (later identified as McKee) retrieve a long firearm from Apartment H6, run down exterior stairs, take a firing stance, re-enter H6 and deposit the firearm, then run to Apartment P4.
Officers found ten shell casings near where the man disappeared off-camera; forensic testing matched those casings to the firearm recovered in a blue cooler bag inside Apartment H6.
Officers posted outside Apartments H6 and P4 and later executed search warrants; McKee was found alone inside Apartment P4 when officers entered H6 and P4 about four hours after the incident.
The government stipulated that the recovered weapon met the federal firearm and interstate-commerce elements and that McKee had the requisite prior conviction and knowledge; the dispute at trial focused solely on whether McKee knowingly possessed the firearm.
James Joy, the alleged target, testified at trial that McKee was the shooter and that the recovered firearm resembled the gun used; Joy had earlier given a conflicting statement to police identifying a different person, but testified at trial that he had lied to police and that McKee shot at him.
McKee moved for acquittal at the close of the government’s case, arguing insufficient evidence of actual or constructive possession; the district court denied the motion, the jury convicted, and McKee appealed only the sufficiency-of-the-evidence claim.

Issue	McKee's Argument	Government's Argument	Held
Sufficiency of evidence that McKee knowingly possessed the firearm used in the shooting	Evidence was insufficient because (1) perimeter wasn’t immediate so shooter could have escaped via back balcony, (2) physical description was common and camera ID unreliable, (3) Joy’s ID was inconsistent with prior statement, and (4) no footage shows McKee leaving P4 toward H building before shooting	Security footage shows a man retrieve, fire, return, and deposit the rifle from H6; shell casings matched the recovered weapon; McKee was the only non-resident shown entering P4 after the shooting; Joy identified McKee at trial; jury weighed credibility	Court affirmed: viewing evidence in the light most favorable to the government, a reasonable jury could find McKee knowingly possessed the firearm

United States v. Carnes, 22 F.4th 743 (de novo sufficiency-of-evidence review standard)
United States v. Gross, 23 F.4th 1048 (reversal only if no reasonable jury could convict)
United States v. Bull, 8 F.4th 762 (role of jury in resolving witness conflicts and drawing inferences)
United States v. Burning Breast, 8 F.4th 808 (elements required to convict under § 922(g)(1))
United States v. Hollingshed, 940 F.3d 410 (deference to jury credibility determinations)
United States v. Spight, 817 F.3d 1099 (credibility determinations are for the trier of fact)
United States v. Hodge, 594 F.3d 614 (when appellate reversal for credibility issues is warranted)