United States DC Circuit

The district court did not abuse its discretion in admitting a 911 call into evidence as an excited utterance, and statements in that call did not constitute "other acts" evidence under Fed. R. Evid. 404(b). Sufficient evidence supports a finding that defendant constructively possessed a firearm, for a conviction under 18 U.S.C. section 922(g)(1).

Appellate Information

• Argued 03/17/2003
• Decided 06/13/2003
• Published 06/13/2003

Judges

• Before:  SENTELLE, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mary M. Petras, appointed by the court, argued the cause for the appellant.


• For Appellees:
  
• Patricia A. Heffernan, Assistant United States Attorney, argued the cause for the appellee.  Roscoe C. Howard, Jr., United States Attorney, John R. Fisher, and Roy W. McLeese III, Assistant United States Attorneys, were on brief.