U.S. v. Washington

In prosecution on charge of felon in unlawful possession of firearm, Dist. Ct. did not err in admitting still pictures from YouTube video that, according to govt., contained images of defendant holding same gun three months prior to incident in which officer saw defendant throw gun into residential yard that formed basis of instant charged offense. While defendant argued that pictures were irrelevant and inadmissible as improper propensity evidence under Rule 404(b), pictures were admissible because evidence of recent past possession of same gun is admissible under Miller, 673 F.3d 688, for non-propensity purpose of showing defendant’s ownership and control of charged firearm. Result would be different if pictures had concerned different gun.