United States v. Ozuna, No. 11-2125 (7th Cir. 2012)
Annotate this CaseDefendant, convicted of unlawful possession of a firearm, 18 U.S.C. 922(g)(1), was sentenced to 113 months. The Seventh Circuit affirmed, upholding the court's refusal to exclude evidence regarding gang affiliation. The evidence was admissible to show the defense witness's bias in favor of his fellow gang member. The court attempted to reduce prejudicial impact by directing that the proper name of the gang not be used, denying admissibility of gang tattoos, and reserving the ultimate question of admissibility until after hearing direct examination of the witness. The court directed that the government could ask questions on the subject only if the defense witness first raised it. The jury was instructed that membership in a street gang could not be considered in finding that defendant was more or less likely to have committed the charged offense.
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