Latest Case: United States v. Smith (Criminal Law)

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United States v. Smith

Docket: 19-2447

Opinion Date: October 26, 2020

Judge: Kobes

Areas of Law: Criminal Law

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.