United States v. Alfred

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 20, 2001
• Docket: 00-31480
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________

No. 00-31480 Summary Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LARRY ALFRED,

Defendant-Appellant. ____________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana (00-CR-205-ALL-C) ____________________________________________________________ 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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