## Facts

- Rondrick Lamar Gray was prosecuted in federal court for crack-cocaine distribution and related firearm offenses, including possession of a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. § 924(c).
- The charges arose after a traffic stop in which Gray was driving with a passenger, Simmons; police discovered crack cocaine and a firearm in circumstances suggesting drug trafficking.
- The government introduced a digital photograph recovered from Simmons’s cell phone showing Gray holding a handgun.
- A witness who knew Gray testified that the person in the photograph was Gray and that the photograph had been downloaded from Simmons’s phone.
- Gray objected that the photograph was not properly authenticated and argued it was unreliable and unfairly prejudicial; the district court admitted it.
- A jury convicted Gray on the drug and firearm counts, including the § 924(c) count; Gray appealed.

## Issues

1. Whether the district court abused its discretion by admitting a photograph from a third party’s cell phone depicting Gray holding a firearm, given Gray’s authentication objections under Federal Rule of Evidence 901.
2. Whether the evidence was sufficient to prove beyond a reasonable doubt that Gray possessed a firearm “in furtherance of” a drug-trafficking crime under 18 U.S.C. § 924(c).

## Decision

- The Fifth Circuit affirmed Gray’s convictions.
- The court held the district court did not abuse its discretion in admitting the photograph because the government made a prima facie showing of authenticity under Rule 901.
- The court held the evidence was sufficient for a rational jury to find the § 924(c) “in furtherance of” element beyond a reasonable doubt when viewed in the light most favorable to the verdict.

## Legal Principles

- Under Federal Rule of Evidence 901(a), authentication requires evidence sufficient to support a finding that the item is what the proponent claims; the proponent need only make a prima facie showing, and the jury decides the ultimate authenticity question.
- Testimony from a witness with knowledge—such as identifying the person depicted and explaining the source of a digital image—is a common and sufficient method of authenticating a photograph.
- Allegations that a digital photograph could be altered generally go to the weight of the evidence rather than admissibility once a prima facie foundation is established.
- For 18 U.S.C. § 924(c), “in furtherance of” requires proof the firearm furthered, advanced, or helped forward the drug-trafficking offense; mere contemporaneous possession is not enough.
- In evaluating “in furtherance of,” courts consider contextual factors such as the drug activity, firearm accessibility, weapon type, legality of possession, whether loaded, proximity to drugs or proceeds, and the circumstances of discovery.
- A jury may infer that a firearm found in close proximity to drugs or drug proceeds is possessed to protect the drugs, proceeds, or the trafficker, supporting the “in furtherance of” element.

## Conclusion

The Fifth Circuit upheld the admission of a gun photograph taken from a passenger’s cell phone based on witness identification and sourcing testimony satisfying Rule 901, and it affirmed the § 924(c) conviction because the trial evidence permitted a reasonable inference that Gray possessed the firearm to advance and protect his drug-trafficking activity.


United States v. Gray, 669 F.3d 556 (5th Cir. 2012)