United States v. Trant, No. 18-3199 (3d Cir. 2019)Annotate this Case
Trant and Ashby had a heated encounter at a gas station in Bovoni, St. Thomas, that ended with each displaying his pistol. After law enforcement officers looked into these events, Trant was convicted as a convicted felon in possession of a firearm, 18 U.S.C. 922(g)(1). The Third Circuit affirmed. The district court did not abuse its discretion by granting the government’s motion to re-open its case-in-chief because Trant was not prejudiced. The motion was made before Trant had the opportunity to present his evidence, thereby giving him the opportunity to respond and also limiting any disruption to the proceedings. The court rejected Trant’s argument that the court should have permitted him to question Ashby about his possession of a firearm, suggesting it was probative of Ashby’s character for untruthfulness and necessary for the jury to evaluate Ashby’s credibility. The implausible nature of Ashby’s having an ulterior motive for testifying hardly made it “obvious” that Trant had the right to ask Ashby about the latter’s illegal possession of a firearm. Trant’s conviction was supported by sufficient evidence.