United States v. Smith, No. 19-2447 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction for unlawful possession of a firearm as a convicted felon. The court held that the district court did not abuse its discretion in admitting defendant's 2005 conviction for possessing a firearm as a felon where the conviction was sufficiently similar and not too remote in time, it went to the issue of proving knowledge and intent, and it did not unfairly prejudice defendant.
The court also held that the district court did not abuse its discretion in denying defendant's objections to the prosecution's closing arguments. In this case, the prosecutor's remarks were invited by defense counsel at closing and, even assuming the remarks were improper, defendant failed to show prejudice.
Court Description: [Kobes, Author, with Smith, Chief Judge, and Benton, Circuit Judge] Criminal case - Criminal law. In this prosecution for being a felon in possession of a firearm, the district court did not err in admitting defendant's 2005 conviction for possessing a firearm as a felon, as the conviction was not remote in time or too dissimilar, it went to the issue of proving knowing possession and it was not unfairly prejudicial; the district court did not abuse its discretion in denying defendant's objections to the prosecution's closing argument as the remarks were directed to counsel's arguments that the arresting officer had lied and were not directed at counsel; even assuming the remarks were improper, defendant has failed to show prejudice from the brief rebuttal argument remarks.
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