United States v. Merwin Smith

United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-2445 ___________________________ United States of America Plaintiff - Appellee v. Merwin Smith Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 20, 2025 Filed: January 23, 2026 [Unpublished] ____________ Before GRUENDER, STRAS, and KOBES, Circuit Judges. ____________ PER CURIAM.

During a traffic stop, officers searched Merwin Smith and found a loaded pistol strapped between his shoulder blades. He was arrested and charged with being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). A jury found him guilty.

Smith argues that the district court 1 abused its discretion under Federal Rule of Evidence 404(b) by admitting evidence of his prior felon-in-possession convictions. But even if the district court should not have admitted the evidence, the error was harmless. United States v. Crenshaw, 359 F.3d 977, 1003–04 (8th Cir. 2004) (reviewing for harmless error). Three different witnesses testified that Smith had a pistol strapped to his back. “[W]e will not reverse for improperly admitted [evidence] when, as here, the record contains ‘overwhelming evidence’ supporting the conviction.” United States v. Finley, 56 F.4th 1159, 1167 (8th Cir. 2023) (citation omitted).

Smith’s argument that his prosecution under § 922(g)(1) violated the Second Amendment is foreclosed by United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024).

Affirmed. ______________________________

The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern District of Missouri. -2-