United States v. Benford

BALDOCK, Circuit Judge.

A jury convicted Kenroy Benford of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) based on his constructive possession of a loaded pistol that police seized from an apartment bedroom he shared with his girlfriend. On appeal, Benford argues the district court erred in three ways: (1) it abused its discretion by admitting evidence under Federal Rule of Evidence 404(b) about (i) his possession of a different firearm during a recent sidewalk confrontation, and (ii) text messages he had sent three months earlier suggesting he had firearms to…