United States v. Mario Thibeaux
2015 U.S. App. LEXIS 7328
| 8th Cir. | 2015Background
- Thibeaux was convicted as a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and received a 120-month sentence.
- Evidence focused on whether Thibeaux knowingly possessed the handgun found near the SUV after officers approached Montgall Avenue.
- Geraldine Scott identified Thibeaux as the man in the white jacket with a gun based on 911 calls and dash-cam video.
- Kaighen observed Thibeaux toss a black object; a gun was later recovered near the driver’s side of the SUV.
- Hylton testified he recovered the gun and could not confirm who threw it; the defense sought to admit evidence of a June 2013 incident involving a different suspect.
- The district court denied admission of June incident evidence under Rule 403; sentencing enhancements were disputed under § 2K2.1(a)(2) and related provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Thibeaux threw the gun; credible identification supports possession. | Evidence points to Murray; Thibeaux did not toss the gun. | Sufficient evidence supported conviction |
| Admissibility of June incident evidence | June incident evidence would undermine Thibeaux’s defense. | June incident evidence is relevant to Murray’s involvement and Thibeaux’s defense. | District court did not abuse Rule 403 discretion |
| Procedural error in sentencing enhancement | Error regarding crimes of violence enhancement affects sentence. | Error harmless; sentence still appropriate. | Harmless error; affirmed 120-month sentence |
| Substantive reasonableness of sentence | Judge overemphasized prior criminal history; leniency warranted due to age of last conviction. | Court misweighed factors; sentence excessive. | No abuse of discretion; sentence reasonable |
Key Cases Cited
- United States v. Cowling, 648 F.3d 690 (8th Cir. 2011) (sufficiency review in felon-in-possession cases)
- United States v. Augustine, 663 F.3d 367 (8th Cir. 2011) (credibility and standard for resolving verdicts)
- United States v. Peters, 462 F.3d 953 (8th Cir. 2006) (juror credibility and conflicting testimony)
- United States v. Sayles, 674 F.3d 1069 (8th Cir. 2012) (3553(a) sentencing considerations and framework)
- United States v. Straw, 616 F.3d 737 (8th Cir. 2010) (harmless-error review for guidelines misapplication)
- United States v. Battle, 774 F.3d 504 (8th Cir. 2014) (Rule 403 discretion and admissibility impact on trial)
- Holmes v. South Carolina, 547 U.S. 319 (U.S. 2006) (limits on evidentiary exclusions and relevance)