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203700P.pdf 04/25/2022 United States v. Darrell Two Hearts
U.S. Court of Appeals Case No: 20-3700
U.S. District Court for the District of South Dakota - Northern
[PUBLISHED] [Colloton, Author, with Shepherd and Kelly, Circuit Judges]
Criminal Case - Conviction and Sentence. There was ample evidence
presented from which a reasonable jury could conclude the Two Hearts
constructively possessed the firearm and that he was a prohibited person;
there was sufficient evidence that he was an unlawful user of a controlled
substance and possessed methamphetamine at the time of his arrest. The
alleged discrepancy in the testimony of whether there was one bag or three
bags is easily explained and a jury could conclude that the one bag found
in Two Hearts?s pocket contained three baggies. There was sufficient
evidence to support finding that Two Hearts knew of his status as a
convicted felon. The district court?s admission of a Facebook photograph
was not an abuse of discretion, as the evidence was relevant and the
absence of conclusive evidence that the item in the photograph was real
does not create a risk of unfair prejudice. Although the district court
did not make an explicit finding that the possession of the gun
facilitated his possession of methamphetamine, the district court?s
finding that Two Hearts possessed methamphetamine and a loaded gun at the
same time presenting a very dangerous situation was sufficient to show the
district court did not apply the four-level enhancement under Guidelines
section 2K2.1(b)(6)(B) automatically based on mere proximity.