No. 23-2432 ___________________________

United States of America

Plaintiff - Appellee

v.

Marques Dwell Armstrong, Jr., also known as Kease

Defendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: February 16, 2024 Filed: May 2, 2024 ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ BENTON, Circuit Judge.

In October 2021, police attempted to arrest Armstrong on a federal warrant. He fled first in his car and then on foot. Chasing him, an officer saw him fall into grass in front of a residence. He then continued to flee. Police arrested him soon after. In the grass where he fell, police found a Glock 9mm switch-equipped handgun. A jury convicted him of possessing a machine gun in violation of 18 U.S.C. §§ 922(o)(1) and 924(a)(2) and being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court1 sentenced him to 127 months in prison. He appeals his conviction. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Armstrong contends there was insufficient evidence to convict. This court reviews de novo, viewing the record most favorably to the government, resolving all evidentiary conflicts in its favor, and accepting all reasonable inferences supporting the verdict. See United States v. Aungie, 4 F.4th 638, 643 (8th Cir. 2021). This court will reverse only if “no reasonable jury could have found the accused guilty beyond a reasonable doubt.” United States v. Druger, 920 F.3d 567, 569 (8th Cir. 2019).

The evidence showed that Armstrong—wearing a crossbody bag known to conceal weapons—fled his Jeep when police tried to arrest him. While running, he fell into tall grass. He stood up and continued to flee, surrendering soon after. When arrested, the crossbody bag was partially open. Based on his behavior and the open bag, the arresting officer suspected he ditched a gun while fleeing. Officers searched the grass where Armstrong fell, finding a Glock 9mm switch-equipped handgun. See United States v. Bailey, 831 F.3d 1035, 1039 (8th Cir. 2016) (affirming a felon- in-possession conviction where no one observed the defendant with the firearm that was recovered along the route of the defendant’s flight, 45 minutes after he had fallen there). The Glock was clean, in excellent condition, and fit easily inside the crossbody bag. See, e.g., United States v. Roark, 724 Fed. Appx. 495, 497 (8th Cir. 2018) (noting that the gun recovered along the defendant’s flight path “did not appear to be rusted or weathered,” supporting the inference it had been there “for

1 The Honorable Donovan W. Frank, United States District Court Judge for the District of Minnesota. -2- only a short time”). The landlord testified that in the eight years that he managed and actively maintained the grass where Armstrong fell, he had never found firearms, discharged cartridge casings, or any weapons. The landlord had cut and sprayed the grass within the prior two weeks. There was no gun.

The evidence also showed that Armstrong admitted under oath in a prior case that for four years he conspired to acquire, store, and possess firearms for convicted felons. And the jury saw four seconds of a video, taped a few weeks before the arrest, where Armstrong—holding a firearm with an extended magazine—rapped about owning a Glock with a switch. The sounds of aut