212781P.pdf   08/09/2022  United States  v.  Drake Banks, Sr.
   U.S. Court of Appeals Case No:  21-2781
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Shepherd, 
   Circuit Judge] 
   Criminal case - Criminal law and sentencing. Observance of a traffic 
   violation gave the police probable cause to stop the vehicle in which 
   defendant was a passenger; videos from cell phones found in the vehicle 
   which showed defendant handling the firearms at issue in the case were 
   admissible because they made it more probable that defendant possessed 
   firearms at the time of the traffic stop; photos of marijuana were also 
   admissible as they showed it was more probable that defendant was engaged 
   in a pattern of ongoing marijuana use at the time he allegedly possessed 
   the firearms; the exhibits did not lack foundation and they were not 
   overly prejudicial; video of defendant trying to escape from the police 
   car was admissible as flight shows consciousness of guilt; evidence was 
   sufficient to sustain defendant's firearm conviction; no error in applying 
   an enhancement under Guidelines Sec. 2K2.1(b)(1)(A) based on the number of 
   weapons seized as the evidence established defendant's constructive 
   possession of all of the guns in the car's trunk.