United States v. Ramos, No. 16-1306 (8th Cir. 2017)
Annotate this CaseDefendant appealed his convictions for multiple drug offenses and for being a felon in possession of a firearm. The court concluded that defendant's drug convictions were supported by sufficient evidence, but defendant's felon in possession conviction was not supported by sufficient evidence where a reasonable jury could conclude that defendant's roommate had a weapon that defendant did not know about; the district court improperly admitted Exhibit 37, an Arkansas Parole Board Waiver of Revocation Form, because the limited probative value was substantially outweighed by the risk of unfair prejudice to defendant; and admission of Exhibit 37 was harmless error in light of the overwhelming evidence. Because the court reversed as to the felon in possession conviction, the court remanded for resentencing.
Court Description: Kelly, Author, with Wollman and Arnold and Circuit Judges] Criminal case - Criminal law and sentencing. There was sufficient evidence on the drug charges in the case, but the evidence was insufficient to support defendant's conviction for being a felon in possession of a firearm as a reasonable jury could not conclude beyond a reasonable doubt that defendant had constructive possession of the weapon; the district court erred in admitting an Arkansas Parole Board Waiver of Revocation Form as any probative value the form might have had was outweighed by the risk of unfair prejudice to defendant; however, the error was harmless with respect to defendant's conviction on the drug charges in light of the evidence of his guilt; the court would not reach defendant's arguments regarding the reasonableness of his sentence in light of the reversal of his felon-in-possession conviction. Judge Arnold, concurring. Judge Wollman, concurring in part and dissenting in part.
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