United States v. Mackin, No. 14-3602 (7th Cir. 2015)
Annotate this CaseFort Wayne officer Brown went to serve Mackin with a valid arrest warrant. After placing him in handcuffs, Ramon searched Mackin and recovered, from his pocket a loaded handgun. Brown recorded its serial number on an incident report and completed a “continuity slip” to track the gun’s movements in law enforcement’s custody. Brown placed the firearm and the continuity slip in an evidence locker. Later, an ATF Agent examined a firearm bearing the serial number listed on the incident report and determined that it was functional. Mackin was charged as felon in possession of a firearm, 18 U.S.C. 922(g)(1). The government sought forfeiture of the firearm, identifying it by an incorrect serial number. Before trial, the government turned over discovery materials, including the continuity slip, which contained empty fields. It included Mackin’s name, the date, time, and address, and a description of the firearm. Remaining boxes are blank, and no signatures appear. The court allowed correction of a scrivener’s error concerning the serial number on the forfeiture allegation. The government did not correct or supplement the continuity slip. Mackin objected to the firearm’s admission. The government produced a new continuity slip, conceding that the form had additional information and had not previously been disclosed to Mackin. The court denied Mackin’s mistrial motion and allowed both continuity slips to be presented to the jury. The Seventh Circuit vacated, finding that Mackin was prejudiced by denial of a mistrial.
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