United States v. Henderson, No. 13-1736 (7th Cir. 2013)Annotate this Case
Henderson was convicted of possessing a firearm as a felon, 18 U.S.C. 922(g)(1). On appeal, he argued that the district court abused its discretion in excluding an out‐of‐court statement of an unavailable declarant regarding the gun that Henderson was charged with possessing. The gun was found between the driver’s seat and seatback of a van in which Henderson and Rogers were travelling. Rosado, the owner of the van, told the prosecution that Rogers had told him that he just found the gun, brought it into the van, and was going to take it to the residence that he and Rosado shared. The Seventh Circuit affirmed, finding that the district court did not err in determining that Henderson failed to point to corroborating circumstances that clearly indicated that Rogers’ hearsay statement was trustworthy.