Fraud & Murder

Post 5438

Not Every Evidentiary Error, However, Leads to a New Trial.

In United States of America v. Darius Carter, No. 24-3418, United States Court of Appeals, Eighth Circuit (August 25, 2026) Darius Carter, a convicted felon, could not lawfully buy a firearm. His girlfriend, Sarah Mason, was also unable to purchase one because she was only 20 years old. Carter and Mason therefore used Carter’s mother to buy firearms from a pawn shop. Carter and Mason allegedly selected the guns, supplied most of the money, and made payments, while Carter’s mother completed Form 4473 and falsely certified that she was the actual buyer.

Months later, Mason was found dead from a gunshot wound to the back of the head, and investigators traced one of the firearms to the pawn-shop transactions. Carter was charged with making, and conspiring to make, false statements in connection with firearm purchases.

LAW

The USCA considered whether the evidence was sufficient to support convictions for conspiracy under 18 U.S.C. § 371 and false statements in firearm acquisition under 18 U.S.C. § 922(a)(6), including accomplice liability under 18 U.S.C. § 2. It also reviewed whether testimony about Mason’s death was admissible under the Federal Rules of Evidence, particularly rules governing relevance and other-act evidence.

At sentencing, the USCA considered whether U.S.S.G. § 2K2.1(c)(1) permitted a cross-reference to the first-degree murder guideline, requiring findings that Carter murdered Mason and that the firearm used was cited in the offense of conviction.

DISCUSSION

The Eighth Circuit concluded that the government presented sufficient evidence for the jury to find both a conspiracy and affirmative participation by Carter. Evidence included Carter’s discussion of using his mother as a straw buyer, payments matching withdrawals from Carter and Mason rather than his mother, Carter’s text referring to one firearm as “my gun,” and testimony that Carter helped arrange and complete the purchases. Although Carter argued the guns could have been gifts, the Eighth Circuit held the jury was not required to accept that alternative explanation.

ANALYSIS

The court held that testimony describing Mason’s death as “suspicious” was irrelevant and should not have been admitted because it did not make Carter’s participation in the firearm-purchase offenses more or less likely.

The testimony improperly suggested unrelated misconduct, but the error was harmless.  At sentencing, the majority upheld the cross-reference to first-degree murder, finding no clear error in the district court’s conclusion that Carter killed Mason that formed the basis of the false-statement offenses.

CONCLUSION

The Eighth Circuit affirmed Carter’s convictions and sentence. It held that the evidence supported the firearm false-statement and conspiracy convictions, that the erroneous admission of testimony about Mason’s suspicious death was harmless, and that the sentencing court properly applied the murder cross-reference under the Guidelines.

The government made no attempt to connect Mason’s death to the false statements or the firearm purchases. Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

Not every evidentiary error, however, leads to a new trial.

The Eighth Circuit concluded that once the case reached sentencing, Mason’s death was fair game. In this case, application of the cross-reference resulted in a 159-month increase to the statutory maximum of 180 months.

ZALMA OPINION

People with little understanding of fraud consider fraud to be a non-violent crime. They are wrong. Fraud is often violent when murder is involved. The murder was not charged but it effected the sentence rendered and the increased sentence was confirmed.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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