United States v. Alfred

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 00-31480

Summary Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

LARRY ALFRED,

Defendant-Appellant.

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Appeal from the United States District Court for the Eastern District of Louisiana (00-CR-205-ALL-C)

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August 20, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* In appealing his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), Larry Alfred presents three issues. Alfred pointed the firearm at another. The issues turn on evidence admitted or excluded at trial.

Concerning these issues, the district court did not abuse its discretion by (1) excluding testimony, see Jones v. Southern Pac. R.R., 962 F.2d 447, 450 (5th Cir. 1992); (2) admitting hearsay

*

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

evidence, see FED. R. EVID. 803, Advisory Committee Notes; and (3) denying his motion for a new trial, see United States v. McWaine, 243 F.3d 871, 874 (5th Cir. 2001).

AFFIRMED