# United States Court of Appeals

f or 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* Pursuant to 5th Cir cuit R ule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir cuit R ule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 7, 2022
Lyle W. Cayce Clerk Case: 21-10451 Document: 00516158167 Page: 1 Date Filed: 01/07/2022No. 21

- 10451

2 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 defendan t 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 co ntends only that the Government failed to prove that he possessed a firearm.

We view t he 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 off ense 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 ma gazine. 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 th e 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, t he district court imposed the following condition of supe rvised release: “You must allow the probation officer to Case: 21-10451 Document: 00516158167 Page: 2 Date Filed: 01/07/2022No. 21

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3 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.” W hite 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. Case: 21-10451 Document: 00516158167 Page: 3 Date Filed: 01/07/2022