United States Ninth Circuit

Conviction and sentence for being a felon in possession of firearms are affirmed where: 1) although the district court erred in admitting "prior bad acts" testimony, the error was harmless in light of the overwhelming evidence of defendant's guilt; 2) the government failed to provide the statute for a prior conviction for sentencing purposes, and the judge plainly erred in relying solely on facts recited in a PSR; and 3) nevertheless, the plain error did not affect defendant's substantial rights. (Amended opinion)

Appellate Information

• Argued 12/05/2006
• Decided 06/20/2007
• Published 06/20/2007

Judges

• Before:  M. MARGARET McKEOWN and B. FLETCHER, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Allison Mendel, Mendel & Associates, Anchorage, AK, for the defendant-appellant., Jo Ann Farrington, Assistant U.S. Attorney and Deborah M. Smith, Acting U.S. Attorney, Anchorage, AK, for the plaintiff-appellee.