United States Court of Appeals

for the Fifth Circuit

No. 21-10451

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Jeremy Devonte White, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:20-CR-281-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Jeremy Devonte White has appealed his jury conviction of being a 

felon in possession of a firearm. He challenges the sufficiency of the evidence 

to support his conviction. Because error was preserved, our review is de 

novo. See United States v. Johnson, 990 F.3d 392, 398 (5th Cir. 2021). 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

January 7, 2022

Lyle W. Cayce

Clerk

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To obtain a conviction under 18 U.S.C. §§ 922(g)(1) and 924(a)(2), 

the Government must prove beyond a reasonable doubt that the defendant 

was a convicted felon, who thereafter knowingly received, possessed, or 

transported a firearm that was in or affecting interstate commerce. See 

Johnson, 990 F.3d at 400; United States v. Dancy, 861 F.2d 77, 81 (5th Cir. 

1988). The Government must prove both that the defendant knew he 

possessed a firearm and that he knew he belonged to the relevant category of 

persons barred from possessing a firearm. See Johnson, 990 F.3d at 400; see 

also Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019). White contends 

only that the Government failed to prove that he possessed a firearm. 

We view the evidence in the light most favorable to the verdict, which 

will be upheld “if a rational trier of fact could conclude from the evidence 

that the elements of the offense were established beyond a reasonable 

doubt.” See Johnson, 990 F.3d at 398. 

We have reviewed the trial testimony and the Government’s exhibits. 

The evidence was sufficient to convict. White fled from a traffic stop 

carrying a backpack. During his flight through a residential neighborhood, he 

must have discarded the backpack because a homeowner’s surveillance video 

showed him without it. In the path of White’s flight, a backpack was 

discovered that contained a Glock handgun with a large extended magazine.

The evidence allowed the jury to conclude the backpack and the gun inside 

were White’s. In addition to the sequence of events described above, a 

YouTube video showed White and a handgun with an extended clip that 

appeared to be the one found in the backpack. Plus, a cellphone found in the 

backpack had texts that could be linked to White. All this was sufficient to 

prove White possessed the gun found in the backpack.

In sentencing White, the district court imposed the following 

condition of supervised release: “You must allow the probation officer to 

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visit you at any time at your home or elsewhere, and you must permit the 

probation officer to take away items prohibited by the conditions of your 

supervision that he or she observes in plain view.” White contends that this 

condition is unreasonable because it is not limited as to time and place. As 

he concedes, the issue is foreclosed by United States v. Payton, 959 F.3d 654, 

656, 658 (5th Cir.), cert. denied, 141 S. Ct. 444 (2020). 

The district court’s judgment is AFFIRMED.

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