8th Circuit upholds Ronald Mason's firearm conviction, ruling there was sufficient evidence he carried a…

Record source: CourtListener

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2539 ___________________________ United States of America Plaintiff - Appellee v. Ronald Dickey Mason, also known as Ronald Dickie Mason Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: April 17, 2026 Filed: July 21, 2026 [Published] ____________ Before L.R. SMITH, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Ronald Dickey Mason was charged with two drug offenses and one firearm offense. He pleaded guilty to the drug offenses but proceeded to trial on the firearm offense. A jury found him guilty. On appeal, Mason argues that there was insufficient evidence to convict him. He also argues that the district court1 plainly erred by allowing a government witness to refer to generic individuals who sold drugs as “bad guys.” For the reasons discussed below, we affirm. I. Background The government charged Mason with conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846; possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); and carrying a firearm during and in relation to a drug trafficking crime, in violation of 21 U.S.C. § 851. He pleaded guilty to the drug offenses but proceeded to trial on the firearm charge. At Mason’s trial, before the parties gave their opening statements, the government read the indictment to the jury. The district court informed the jury that Mason pleaded guilty to the two drug counts. Following opening statements, the government presented three witnesses: Special Agent Andy Ward of the Iowa Department of Narcotics, Investigator Wade Johnson of the Lee County Narcotics Task Force, and Special Agent Matthew Allers of the Iowa Department of Public Safety’s Narcotics Enforcement Division. Agent Ward testified that he investigated Mason undercover. He told the jury that he witnessed Mason sell a confidential informant methamphetamine on one occasion and bought methamphetamine directly from Mason on multiple occasions. Agent Ward testified that these controlled buys took place in Keokuk, Riverside, and Burlington, Iowa. Agent Ward testified that Mason drove a red Toyota Camry to several of the controlled buys. He explained that during one of them, he picked up Mason at a repair shop where the red Camry was being serviced. 1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. -2-  During Agent Ward’s direct examination, the government asked him about the safety precautions his team takes during controlled buys. He replied that they always had people on surveillance, had a rescue team on standby, designated people for the buy, and he always kept his gun on him. When asked why these safety precautions were needed, Ward said that “[i]t’s just for the safety of everybody, safety for me, safety for the surveillance personnel, safety for the bad guy, you know, or bad person I should say, yeah.” R. Doc. 149, at 29 (emphasis added). Mason’s attorney did not object to Agent Ward’s use of the phrases “bad guy” or “bad person,” nor did the district court express any concerns regarding Agent Ward’s testimony. Agent Ward also testified that although he sat in the red Camry during some of the controlled buys, he never saw a firearm in the car. He explained that during methamphetamine purchases from Mason in the red Camry, he only looked at the front passenger seat where he sat. Agent Ward testified that when he was working undercover, he did not search the vehicle for a firearm or pat down Mason because “[t]hat would be weird.” Id. at 40, 59. On cross-examination, Agent Ward testified that during the investigation, he had no information suggesting that Mason was known to be armed. Mason’s attorney cross-examined Agent Ward regarding Mason’s connection to the red Camry. She elicited testimony that Mason drove a red pickup truck to one controlled buy with the confidential informant and that Agent Ward did not know who the red Camry was registered to. Additionally, Mason’s attorney elicited testimony from Agent Ward that his conversations with Mason were “friendly” and Mason’s demeanor was non-threatening. Id. at 49. Next, the government called Investigator Johnson. He testified that his investigatory role with Mason consisted mostly of surveillance. Investigator Johnson also testified about the red Camry. He explained that he “was able to determine that [the red Camry] was [Mason’s] main source of transportation” based on “doing -3- surveillance of . . . the prior controlled buys, doing surveillance of [Mason’s] residence, [and] learning his pattern of life.” Id. at 70. Investigator Johnson told the jury that he obtained a search warrant for the red Camry after he learned that “Mason was going to be going [to St. Louis, Missouri,] and picking up a large sum of methamphetamine to bring back to Iowa to sell.” Id. at 71. He testified that the Keokuk Police Department stopped Mason “[a]s soon as he crosse[d] over into Keokuk” and took Mason into custody for narcotics violations. Id. at 73. After towing the red Camry to a towing facility, law enforcement officers, including Investigator Johnson, executed the search warrant. Investigator Johnson explained that inside of the red Camry’s trunk, the officers found a bag containing 9.5 pounds of methamphetamine in a cooler, several bags of methamphetamine inside of a suitcase, and a bag of methamphetamine inside of a backpack. Next, Investigator Johnson testified that while searching the red Camry’s cabin, the officers found a loaded firearm in the center console. He told the jury that the firearm “was located on the driver’s side of the console” and “was affixed in such a way where the handle of the weapon was pointed up toward the top of the console, which . . . made [him] believe it was positioned that way for the driver to have access to” it. Id. at 85. During cross-examination, Mason’s attorney elicited testimony that the “lab submission form that was sent back . . . indicated there [were] no [finger]prints located on the weapon.” Id. at 87. Lastly, the government called Agent Allers. He was not involved in the investigation but testified as an expert on drug trafficking and firearms investigations. Agent Allers testified about methamphetamine quantities, including the difference in quantities associated with distribution versus personal use; methamphetamine prices; and the use of firearms by drug traffickers. When asked why a drug trafficker might carry a firearm or have one accessible to him or her, Agent Allers explained: -4-  I guess it’s kind of in the name. If it’s in the course of trafficking in illegal drugs, the activity itself is by nature illegal and criminal. Individuals who are involved are conducting business transactions. If there’s issues, if there’s problems during the course of transactions between these different people, these buyers and sellers, different individuals involved with the trafficking t

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