United States v. Varner, 2012 U.S. App. LEXIS 10031

Varner, a felon, was convicted of being in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) after a two-day jury trial in Minnesota.
Police responding to a 911 weapons call chased Varner’s vehicle; Varner fled on foot with a firearm reportedly in reach, throwing items as he ran.
A firearm was found near Varner’s flight path, and approximately 12–14 inches away officers recovered a crack pipe, among other items.
A black cell phone case with Varner’s name, a green lighter, and two black shoes were found along the pursuit route; the gun owner testified it wasn’t theirs and no one in the home owned a firearm.
Forensic testing of the firearm showed no usable fingerprints or DNA; the weapon’s manufacture and interstate/foreign commerce were established by an ATF agent.
At trial Varner challenged admission of the crack pipe (Rule 404(b)); at sentencing he sought a downward departure for extraordinary physical impairment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for possession	Gov asserts flight with gun supports possession beyond reasonable doubt.	Varner contends no direct/forensic link and unreliable testimony.	Evidence sufficient; reasonable jury could find knowing possession.
Admission of crack pipe under Rule 403/404(b)	Crack pipe probative of location and chain of possession; probative value outweighs prejudice.	Admission risks prejudice and improper character evidence.	No abuse; probative value outweighed potential prejudice with proper instructions.
Downward departure for extraordinary physical impairment	Government not required to grant departure; district court exercised discretion appropriately.	The district court should have departed downward for back injuries.	No reversible error; district court acted within discretion by not departing, sentence at bottom of range.

United States v. Johnson, 639 F.3d 433 (8th Cir. 2011) (sufficiency review; defer to jury's credibility determinations)
United States v. Kelly, 625 F.3d 516 (8th Cir. 2010) (sufficiency standard: any rational jury could convict)
United States v. Cowling, 648 F.3d 690 (8th Cir. 2011) (elements of § 922(g)(1) possession and interstate commerce)
United States v. Butler, 594 F.3d 955 (8th Cir. 2010) (forensic evidence not necessary for conviction)
United States v. Arrington, 215 F.3d 855 (8th Cir. 2000) (flight can support inference of possession)
United States v. Tate, 633 F.3d 624 (8th Cir. 2011) (jury credibility determinations virtually unassailable)
United States v. Lowen, 647 F.3d 863 (8th Cir. 2011) (jury credibility resolved in government's favor)
United States v. Heath, 624 F.3d 884 (8th Cir. 2010) (standard for reviewing downward departures)
United States v. Coughlin, 500 F.3d 813 (8th Cir. 2007) (downward departure framework under § 5H1.4)
United States v. Marquez-Alvarado, 501 F.3d 971 (8th Cir. 2007) (evidentiary Rule 403/404(b) balancing considerations)