United States v. Garrett, 2011 U.S. App. LEXIS 16023

July 28, 2008, Garrett led police on a high-speed chase after a traffic stop for excessively tinted windows.
A handgun was observed being discarded from a silver car; multiple witnesses and officers recovered a loaded 9mm Ruger on the highway.
Garrett was indicted for being a felon in possession of a firearm for the July 28 incident; firearms traveled in interstate commerce.
September 17, 2009, police found a loaded .40 S&W handgun in Garrett’s residence during a search warrant execution.
Garrett admitted the Des Moines firearm was his; a second count was added by superseding indictment.
Garrett moved to sever counts; the district court denied, and trial proceeded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Count One	Garrett argues no nexus to firearm.	Garrett contends no possession evidence.	Sufficient nexus supported conviction.
Sufficiency of evidence for Count Two	Garrett denies awareness of the firearm.	Garrett argues no dominion over premises.	Evidence showed dominion; sufficient for possession.
Mistrial due to drug references	Drug references biased the jury.	Minimal prejudice; isolated remark.	No abuse of discretion; no mistrial required.
Joinder and Severance of Counts	Counts improperly joined; prejudice from joinder.	Severance necessary to avoid prejudice.	Counts properly joined; no reversible prejudice; severance denied.

United States v. Evans, 431 F.3d 342 (8th Cir. 2005) (relevance of nexus for constructive possession)
United States v. Bradley, 473 F.3d 866 (8th Cir. 2007) (elements of § 922(g)(1) possession)
United States v. Walker, 470 F.3d 1271 (8th Cir. 2006) (prior possession admissible to prove knowledge/intent)
United States v. Taken Alive, 513 F.3d 899 (8th Cir. 2008) (prejudice not shown when prior offense admissible for other count)
United States v. Hollins, 432 F.3d 809 (8th Cir. 2005) (standard for evaluating prejudice in mistrial)