Demetris Mackie was charged with possessing a firearm as a convicted felon after police recovered a gun from a bag he was wearing during his arrest on April 20, 2023. The gun was ballistically linked to a shooting that occurred on April 12, 2023, outside a Miami laundromat. At trial, the government introduced evidence of the April 12 shooting to prove Mackie's knowledge and intent, while Mackie argued the evidence was inadmissible and that the proof connecting him to the gun was insufficient. The district court admitted the evidence, found Mackie guilty, and sentenced him to 360 months of imprisonment, an upward variance from the advisory guidelines range, citing his extensive criminal history and gang affiliation.
The Eleventh Circuit addressed three main issues. First, regarding sufficiency of the evidence, the court applied a de novo standard, viewing the evidence in the light most favorable to the government. It concluded that a reasonable juror could infer Mackie's knowing possession of the firearm. Although there was no direct DNA or fingerprint evidence on the gun, the jury heard that Mackie was wearing the bag containing the gun when arrested, fled upon seeing police, and that the gun was the same one used in the April 12 shooting where Mackie was identified by surveillance and victim description. Second, on evidentiary challenges, the court noted that Mackie failed to properly challenge the district court's finding that the shooting evidence was 'intrinsic' or 'direct' evidence of the charged offense, effectively abandoning that argument. Regarding the victim's injuries, the court found the evidence was inextricably intertwined with the narrative of the crime and that any potential prejudice did not substantially outweigh its probative value, especially given the overwhelming evidence of guilt. Third, on sentencing, the court reviewed for abuse of discretion. It found no clear error in the district court's consideration of the April 15 shooting and Mackie's gang membership as relevant conduct, as these were proven by a preponderance of the evidence. The court determined the 360-month sentence was reasonable because it reflected the seriousness of the offense, Mackie's escalating pattern of criminal conduct, and the need to protect the public, while still accounting for his mitigating background.
Mackie's conviction and 360-month sentence stand. The decision reinforces the Eleventh Circuit's willingness to admit evidence of related violent acts as intrinsic to a felon-in-possession charge when the acts are closely linked in time and circumstance. It also clarifies that sentencing courts may consider uncharged conduct, such as a second shooting and gang affiliation, proven by a preponderance of the evidence to justify an upward variance, even when the defendant argues for a downward variance based on personal history.
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