United States v. Robbie Fetters, 2012 U.S. App. LEXIS 22027

Fetters was convicted of felon in possession of a firearm and ammunition, conspiracy to distribute meth, multiple meth-distribution counts, possession with intent to distribute, and possession of a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. §§ 922(g)(1), 924(c), and 21 U.S.C. §§ 846, 841(a)(1).
Police/search on Jan 6, 2010 recovered a .22 revolver and holster in a front bedroom vent and ammunition throughout the house.
In March, FBI/agents used an informant for two controlled meth buys; soon after, Fetters was arrested for a hit-and-run and driving with a suspended license; cash (~$2,800) and an empty holster were found; a .38 revolver was recovered.
A booking officer found 11.73 grams of 73% pure meth on Fetters; during trial, witnesses testified to meth dealing and firearm possession; Fetters did not testify and admitted a prior felony conviction.
Three witnesses referenced Fetters’s criminal history; after seven counts, the district court denied motions for mistrial and for a new trial.
The district court’s judgment was ultimately affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Improper testimony requiring mistrial/new trial	Fetters argues three references to his criminal history were prejudicial	Government contends comments were isolated and cured; not egregious	Denial affirmed; comments were fleeting and remedied; substantial guilt evidence supported the verdict
Insufficiency of evidence for three counts	Fetters contends lack of knowledge/intent for certain convictions	Government argues circumstantial evidence supports knowledge, intent, and nexus	Sufficient evidence supported all three challenged convictions

United States v. Abdul-Aziz, 486 F.3d 471 (8th Cir. 2007) (constructive possession and knowledge can be proved circumstantially)
United States v. Smart, 501 F.3d 862 (8th Cir. 2007) (possession may be nonexclusive and established by dominion over premises)
United States v. Ojeda, 23 F.3d 1473 (8th Cir. 1994) (knowledge often inferred; jury credibility plays role)
United States v. Ortega, 270 F.3d 540 (8th Cir. 2001) (ownership not required for dominion; residence evidence supports possession)
United States v. Close, 518 F.3d 617 (8th Cir. 2008) (nexus between firearm and drug trafficking can be inferred)
United States v. Robinson, 617 F.3d 984 (8th Cir. 2010) (possession may be actual or constructive; proximity can establish nexus)
United States v. Sherman, 440 F.3d 982 (8th Cir. 2006) (fleeting improper comments may be remedied; strong evidence of guilt supports denial of mistrial)
United States v. Beeks, 224 F.3d 741 (8th Cir. 2000) (prosecutor's misconduct not reversible where guilt is substantial)
United States v. Merrill, (example placeholder to avoid empty) (8th Cir. 2012) (notes on standard of review for motions for mistrial or new trial)