United States v. Gibbs, No. 14-6344 (6th Cir. 2015)
Annotate this CaseA group of men stole cash and marijuana from the home of an acquaintance whom they knew to be a drug dealer. Friends of the drug dealer, including Defendant, discovered that the first group was responsible and sought revenge by committing a drive-by shooting at a carwash. One man was killed. Defendant admitted his involvement to a friend, who later testified against him, along with two eyewitnesses. Bullet casings were recovered. The court disallowed introduction of a music video, in which Defendant can be seen toting an assault rifle, but permitted the government to introduce photographs that depicted Defendant holding the assault rifle. The government was allowed to introduce testimony from Godwin (one of the eyewitnesses) regarding a threat made by Defendant and a second drive-by shooting that occurred a month after the carwash shooting. The government corroborated Godwin’s story with testimony from a passenger in Godwin’s vehicle during the battery and with photographs, showing the damage to Godwin’s vehicle. Defendant was convicted of two counts of being a felon in possession of ammunition, 18 U.S.C. 922(g)(1) and sentenced to 120 months in prison. The Sixth Circuit affirmed. Although certain evidence was admitted for an improper purpose under Federal Rule of Evidence 404(b), the error was harmless.
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