United States v. James Morrison, Jr., 748 F.3d 811

James Morrison, a previously convicted felon, was indicted for unlawful possession of nine-millimeter ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
ATF investigation revealed that Janessa Hove purchased multiple pistols and ammunition at Morrison’s behest; Hove’s mailbox listed both Hove and Morrison and officers found a box of nine-millimeter ammo in her apartment.
Hove testified she bought ten pistols and ammunition for Morrison between March and mid-April 2011 and that she gave the seized ammunition to Morrison in the apartment.
The government sought to admit evidence of a straw‑purchase scheme (Hove’s purchases, Morrison’s statements, a firearm found in Hove’s car, and a witness who bought guns from Morrison) as res gestae or, alternatively, under Rule 404(b).
The district court admitted the evidence as res gestae; a jury convicted Morrison and he was sentenced to 84 months’ imprisonment with three years’ supervised release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of evidence about straw purchases and related acts	Evidence was relevant context (res gestae) or admissible under Rule 404(b) to prove motive, intent, knowledge	Evidence was improper propensity/other‑acts evidence and should have been excluded	Court affirmed admission as res gestae; evidence was contextually intertwined with the charged offense

United States v. LaDue, 561 F.3d 855 (8th Cir. 2009) (scope of relevant evidence includes res gestae and acts inextricably intertwined with charged crime)
United States v. Savage, 863 F.2d 595 (8th Cir. 1988) (res gestae supplies contextual evidence admissible under Rule 401)
United States v. Roberts, 253 F.3d 1131 (8th Cir. 2001) (prior similar acts admissible as res gestae when they explain genesis and execution of charged crime)
Moore v. United States, 178 F.3d 994 (8th Cir. 1999) (evidence that explains circumstances of the offense can prove elements such as knowledge)