## Facts

- During a Labor Day weekend festival in Rockford, Illinois, a detective working security saw the butt of a handgun protruding from Valentino Montgomery’s rear pocket.
- The detective identified himself and grabbed Montgomery’s arm; Montgomery resisted, wrestled free, and fled.
- The detective removed the handgun from Montgomery’s pocket during the struggle.
- Montgomery was later found hiding in a nearby apartment and arrested.
- After receiving Miranda warnings and signing a written rights form, Montgomery stated he had “got into it” with the detective “with that gun,” admitted bringing a pistol to the festival, and said he carried it for protection due to gang tension.
- Montgomery was charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- At trial, Montgomery denied possessing a gun at the festival and denied making the incriminating statements; the jury convicted him.

## Issues

1. Whether the district court abused its discretion under Federal Rule of Evidence 609(a)(1) by allowing impeachment with six prior felony convictions, allegedly creating unfair cumulative prejudice.
2. Whether the district court erred under Rules 403 and 404 principles by admitting evidence that Montgomery was a gang member and carried the gun due to gang tensions.
3. Whether the evidence was sufficient for a rational jury to find the elements of 18 U.S.C. § 922(g)(1) beyond a reasonable doubt.

## Decision

- The Seventh Circuit affirmed the conviction.
- The district court did not abuse its discretion by admitting all six prior felony convictions for impeachment; the case turned on credibility and the court gave limiting instructions.
- The gang-affiliation evidence was properly admitted to explain motive and provide context for Montgomery’s statements, and its probative value was not substantially outweighed by unfair prejudice.
- The evidence was sufficient, based on the detective’s eyewitness account and Montgomery’s post-arrest admissions, with credibility determinations reserved to the jury.

## Legal Principles

- Under Federal Rule of Evidence 609(a)(1), a testifying defendant’s prior felony convictions may be admitted for impeachment if their probative value on credibility outweighs their prejudicial effect; appellate review is for abuse of discretion.
- When the defense and prosecution accounts directly conflict, impeachment evidence bearing on credibility may carry heightened probative value; limiting instructions mitigate risk of misuse as propensity evidence.
- Evidence of gang affiliation may be admissible when offered for a non-propensity purpose such as motive or context; under Rule 403 it should be excluded only if unfair prejudice substantially outweighs probative value.
- A sufficiency challenge fails if, viewing the evidence in the government’s favor, any rational juror could find the essential elements beyond a reasonable doubt; credibility choices belong to the jury.

## Conclusion

The court upheld Montgomery’s felon-in-possession conviction, finding no abuse of discretion in admitting multiple prior felonies for impeachment, no reversible error in admitting gang-motive evidence, and ample evidence for the jury to find knowing firearm possession under § 922(g)(1).


United States v. Montgomery, 390 F.3d 1013 (7th Cir. 2004)