United States Fifth Circuit

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US v. McCann, 09-30550

Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) the factual contents of the prosecutor's closing comments were limited to evidence that was in the record; 2) defendant's substantial rights were not prejudiced by an improper prosecutorial vouching for the credibility of the officers at issue; and 3) the district court did not err by refusing to exclude the evidence that defendant made a death threat against a witness. However, his sentence is vacated where the government failed to show through the exception to the categorical approach that defendant's prior manslaughter conviction was based on conduct that constituted a crime of violence.

Appellate Information

  • Decided 07/28/2010
  • Published 07/29/2010

Judges

  • William L. Garwood

Court

  • United States Fifth Circuit

Counsel


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