Omari Andrews, Jr., was investigated for supplying drugs to a gang in Illinois. Law enforcement conducted controlled buys and subsequently arrested Andrews, finding drugs in his pockets and a cache of four firearms in the Palm Drive apartment he jointly occupied with his family. During a recorded jail phone call, Andrews admitted to his father that there were four guns in the house. He was indicted on drug trafficking counts and a count for possession of a firearm in furtherance of a drug trafficking crime. Andrews pleaded guilty to the drug counts but proceeded to trial on the firearm charge and a separate drug count. At trial, the government introduced testimony from a fingerprint analyst who matched latent prints found on two of the firearms to Andrews. Andrews moved to exclude this testimony on the eve of trial, claiming the analyst had digitally manipulated the images, but the district court denied the motion as untimely and found the testimony reliable. A jury convicted Andrews on all counts, and he appealed, challenging the sufficiency of the evidence for the firearm charge and the admissibility of the fingerprint testimony.
The court addressed two primary issues. First, regarding the sufficiency of the evidence for the § 924(c) conviction, the court applied the standard of viewing evidence in the light most favorable to the government. Because Andrews jointly occupied the apartment where the guns were found, the government needed to prove a 'substantial connection' between him and the firearms. The court found this connection established by Andrews's own admission during the jail call where he confirmed the existence and location of four guns. Additionally, the court noted that latent print evidence matching Andrews to at least one of the firearms provided further support, noting that competing expert testimony does not render evidence insufficient. Second, regarding the admissibility of the fingerprint expert under Federal Rule of Evidence 702 and Daubert, the court held that the district court did not abuse its discretion. The expert's use of image enhancement software was supported by his extensive experience and training, which is a valid foundation for expert testimony. The court emphasized that challenges to the methodology go to the weight of the evidence, not its admissibility, and that the defendant's failure to raise the objection until the eve of trial made it untimely. Finally, the court criticized Andrews's counsel for failing to include the district court's oral ruling in the appellate appendix as required by Circuit Rule 30, noting that while no sanction was imposed, the counsel was removed from the Criminal Justice Act appointment list.
The judgment is affirmed, and Andrews remains subject to his federal sentence of 123 months in prison. The decision reinforces that a defendant's own statements can establish constructive possession of firearms in a shared residence and clarifies that district courts have broad latitude in admitting expert testimony based on experience, even without a formal Daubert hearing. It also serves as a warning to appellate counsel regarding strict compliance with Circuit Rule 30 filing requirements.
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