United States v. Drake Banks, Sr.

Summary

In United States v. Drake Banks, Sr., the Eighth Circuit upheld a § 922(g)(3) firearms conviction, holding that a traffic stop was justified by probable cause for following too closely (0.8–0.9 seconds) under Nebraska law. The court admitted prior videos of Banks handling firearms and photos of marijuana as relevant under Rule 401, finding no unfair prejudice under Rule 403 and sufficient authentication under Rule 901. Evidence of flight was admissible to show consciousness of guilt, and the evidence (including Banks’s admission of marijuana, DNA on a Glock, and constructive possession of all seven firearms in the trunk) was sufficient to sustain the conviction. The district court properly applied a two-level sentencing enhancement under USSG § 2K2.1(b)(1)(A) for three to seven firearms based on Banks’s joint constructive possession of the weapons.

Holdings

1. The traffic stop was justified because Officer Hudec had probable cause to believe the driver was following too closely in violation of Neb. Rev. Stat. § 60-6,140(1).
2. The district court did not abuse its discretion in admitting the evidence because it was relevant and not unfairly prejudicial.
3. There was sufficient evidence that Banks was a user of a controlled substance and that he possessed firearms.
4. The district court did not clearly err in finding that Banks constructively possessed all seven firearms.

Questions Presented

1. Whether the traffic stop was justified at its inception.
2. Whether the district court erred in admitting videos of Banks handling firearms, photographs of marijuana, and evidence of his attempted escape.
3. Whether there was sufficient evidence to sustain the conviction under 18 U.S.C. § 922(g)(3).
4. Whether the district court erred in applying a two-level sentencing enhancement under USSG § 2K2.1(b)(1)(A) for three to seven firearms.

Disposition

affirmed