United States Eighth Circuit

In a criminal prosecution wherein defendant was convicted of being a felon in possession of a firearm, an evidentiary ruling and denial of defendant's motion for a new trial are affirmed where: 1) defendant's previous felony conviction for credit card fraud was properly admitted to impeach his trial testimony as a prior felony conviction lacking highly prejudicial effect; 2) alternatively, convictions of crimes involving dishonesty are categorically admissible and not subject to the court's balancing; and 3) the district court's denial of the government's request for perjury sentence enhancement did not create an inconsistency with the jury's verdict.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

• JOHN R. GIBSON, Circuit Judge., Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark Falk, argued, Rapid City, SD (Timothy J. Langley, on the brief), for appellant.


• For Appellees:
  
• Mark E. Salter, argued, Sioux Falls, SD (Jeffrey C. Clapper, AUSA, on the brief), for appellee.