United States Fifth Circuit

A conviction for unlawful possession of a firearm by a convicted felon is vacated where the district court abused its discretion in allowing the government to introduce evidence of defendant's prior firearm offense. Although the revocation sentence was not plainly erroneous it is remanded for reconsideration in light of the vacatur of the conviction.

Appellate Information

• Decided 04/13/2007
• Published 04/16/2007

Judges

• WIENER, Circuit Judge:, Before GARWOOD, WIENER, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• R. Christopher Cox, III (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee., Gary V. Schwabe, Jr., Asst. Federal Public Defender (argued), Robin Elise Schulberg, New Orleans, LA, for Defendant-Appellant.