United States v. Buckner, No. 16-3741 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that the district court did not abuse its discretion by admitting evidence concerning a prior 2015 shooting in light of the strong probative value of the evidence and admitting the evidence was not unfairly prejudicial to defendant. The court also held that the district court did not abuse its discretion in admitting certain evidence relating to defendant's prior felony conviction in 2006 for reckless use of a firearm, resulting in a gunshot wound, under Federal Rule of Evidence 404(b). Furthermore, the district court gave a limiting instruction to the jury.
Court Description: Nelson, Author, with Wollman and Loken, Circuit Judges] Criminal case - Criminal law. Intrinsic evidence regarding defendant's participation in an August, 2015 shooting was admissible as it went to the issue of whether defendant knowingly possessed the pistol seized at the time of his arrest;the evidence that defendant used the same pistol on a previous occasion was highly probative regarding the issue of whether he constructively controlled the weapon eight days later when he was arrested; the evidence was not unduly prejudicial under Rule 403; no error in admitting evidence relating to defendant's 2006 conviction for reckless use of a firearm resulting in a gunshot wound; the evidence went to knowledge and intent and was relevant after defendant denied that he knew the gun was in the car and claimed he was merely present when the gun was found on the floor of the car; further, the court gave a limiting instruction and instructed the jury to disregard testimony regarding defendant's gang membership, thereby reducing the possibility of any unfair prejudice.
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