USA vs. Jacobs, (5th Cir. 1999)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined th a t this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-11111 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WALTER LEE JACOBS, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CR-74-ALL August 6, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM: * Walter Lee Jacobs appeals his jury conviction for three counts of illegal possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Jacobs argues that the district court erred in excluding an out-of-court statement of Sam Brown in which Brown stated that he was the owner of two firearms that are the subject of counts one and two. The district court did not clearly er r in holding that Jacobs did not present sufficient corro borating evidence to establish the trustworthiness of the statement. S ee United States v. Dean , 59 F.3d 1479, 1492 (5th Cir. 1995). Further, any error in the omission of the evidence was harmless as the government presented substantial evidence linking Jacobs to the 2718 Cross Street residence in which the firearms were found and to the firearms, includin g the current documents found in the residence listing JacobsÂ’ name and the Cross Street address, the photograph of Jacobs holding the SKS rifle found under the bed in the Cross Street residence, and JacobsÂ’ own statement when he was booked that he lived at the Cross Street residence.
The omission of BrownÂ’s out-of-court statement did not prevent Jacobs from presenting a defense or witnesses in violation of the rule set forth in Chambers v. Mississippi , 410 U.S. 284, 302 (1973) or Washington v. Texas , 388 U.S. 14, 19 (1967).
Jacobs also argues that the district courtÂ’s jury instruction concerning the interstate commerce element of the offense removed that element from the juryÂ’s consideration in violation of the rule in United States v. Gaudin , 515 U.S. 506 (1995). Jacobs acknowledges that his argument is foreclosed by this courtÂ’s decision in United States v. Parker , 104 F.3d 72, 73 (5th Cir.)(en banc), cert. denied ,
A F F I R M E D.
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This document cites
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 922 - Sec. 922. Unlawful acts
- U.S. Supreme Court - United States v. Gaudin, 515 U.S. 506 (1995)
- U.S. Supreme Court - Chambers v. Mississippi, 410 U.S. 284 (1973)
- U.S. Supreme Court - Washington v. Texas, 388 U.S. 14 (1967)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. George Dean, James Earl Cofer, Kenneth Dewayne Smith, and Kenneth Earl Flowers, Defendants-Appellants., 59 F.3d 1479 (5th Cir. 1995)
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