Demetris Kewan Mackie v. United States

ISSUE 1: The district court erred in denying petitioner’s motion for judgment of acquittal as to count 1 felon in possession of a firearm-and or; the evidence was insufficient to sustain the guilty verdict as to count 1; where the trial evidence failed to prove knowing possession of a firearm by petitioner on April 12, 2023 or April 20, 2023. ISSUE 2: The district court erred in denying petitioner’s objection to the PSI Report inclusion of the reference and evidence of the uncharged-unproved shooting on April 15, 2023 where no evidence was presented at trial and no witnesses identified petitioner as the shooter and evidence of gang membership. ISSUE 3: The district court erred in denying petitioner’s motion for downward variance grounded upon his disadvantaged upbringing and mental health issues. ISSUE 4: The district court erred in granting the government’s motion for upward variance grounded upon petitioner’s overstated criminal history, the April 15, 2023 uncharged shooting unproven gang membership and unwarranted sentencing disparity. ISSUE 5: The district court erred in denying petitioner’s motion to exclude evidence of victim injury photos and hospital video where this evidence does not prove any element of the offense of possession of a firearm by a convicted felon. ISSUE 6: The district court erred in allowing over petitioner’s objection evidence of the April 12, 2023 shooting as Fed.R.Evid. 404(b) evidence for possession of a firearm.