United States v. Bakari Deontre Brown

344 F. App'x 555
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 16, 2009
Docket08-16451
StatusUnpublished
Cited by2 cases

This text of 344 F. App'x 555 (United States v. Bakari Deontre Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bakari Deontre Brown, 344 F. App'x 555 (11th Cir. 2009).

Opinion

PER CURIAM:

Bakari Deontre Brown appeals his conviction for possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, Brown argues that the district court erred by admitting into evidence two judgments, each reflecting a prior conviction for possession of a firearm, because this evidence was more prejudicial than probative, violating Federal Rule of Evidence 404(b). He explains that the only issue in the case was whether he was in fact the person who robbed the victim of her purse at gunpoint, but that the government did not, as it was required, present evidence to show that Brown “acted in conformity with the circumstances of the prior offenses, or that the circumstances of the offense were the ‘handiwork’ of Mr. Brown.” Instead, Brown argues, the government used the evidence to show that he had “the propensity to possess firearms,” a purpose that violates Rule 404(b). The government concedes that the court abused its discretion by admitting the evidence of the two prior firearm possession crimes into evidence. Moreover, the government explains that, during its preparation for this appeal, it discovered that the judgments entered into evidence were inadvertently not redacted and thus the judgments contained documentation of Brown’s other crimes as well. It maintains, however, contrary to Brown’s position, that the errors were harmless because the evidence of Brown’s guilt was overwhelming.

We review the district court’s admission of evidence under Rule 404(b) for abuse of discretion. United States v. Matthews, 431 F.3d 1296, 1311 (11th Cir.2005). Rule 404(b) provides that “[ejvidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, [or] identity ....” Fed.R.Evid. 404(b). Rule 403 provides that “[although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” Fed.R.Evid. 403. When Rule 404(b) evidence is offered to establish identity, this standard is “particularly stringent” and “the likeness of the offenses is the crucial consideration.” United States v. Lail, 846 F.2d 1299, 1301 (11th Cir.1988). “The physical similarity must be such that it marks the offenses as the handiwork of the accused, ... demonstrating] a modus operandi.” Id.

*557 Reversal is not required when a district court’s admission of Rule 404(b) evidence was erroneous, as long as the error was harmless. Id. at 1301-02. “We often have concluded that an error in admitting evidence of a prior conviction was harmless where there is overwhelming evidence of guilt.” United States v. Harriston, 329 F.3d 779, 789 (11th Cir.2003) (per curiam). Harmless error is error that “had no substantial influence on the outcome” of the case because “sufficient evidence uninfected by error supports the verdict.” Id. (citations omitted). Courts weigh the record as a whole when determining whether an error had a substantial influence on the outcome of the proceedings. See United States v. Montalvo-Murillo, 495 U.S. 711, 722, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990).

Regarding the jury’s exposure to Brown’s crimes beyond those that the court intended to admit into evidence before the jury, prejudice is presumed when the jury has extrinsic evidence in the jury room. United States v. Pessefall, 27 F.3d 511, 515 (11th Cir.1994) (concerning the jury’s inadvertent exposure to the case agent’s notes). This presumption, however, is not conclusive. United States v. Martinez, 14 F.3d 543, 550 (11th Cir.1994). The government can rebut this presumption with evidence of “the nature of the extrinsic information, the manner in which the information reached the jury, and the strength of the government’s case.” Pessefall, 27 F.3d at 515. (citation omitted). 1

“The cumulative error doctrine provides that an aggregation of non-reversible errors (i.e., plain errors failing to necessitate reversal and harmless errors) can yield a denial of the constitutional right to a fair trial, which calls for reversal.” United States v. Baker, 432 F.3d 1189, 1223 (11th Cir.2005) (internal quotations omitted). “The harmlessness of cumulative error is determined by conducting the same inquiry as for individual error — courts look to see whether the defendant’s substantial rights were affected.” Id. (citation omitted).

Here, the district court erroneously admitted evidence relating to Brown’s two prior firearm convictions pursuant to Rule 404(b). The district court believed that the previous convictions were relevant because they also dealt with possession of a firearm. However, no accompanying evidence was submitted so that the jury could compare the similarities between the prior convictions and the charge offense and decide whether the present crime was Brown’s handiwork. See Lail, 846 F.2d at 1301. Because identity was the only contested issue at trial, evidence relating to Brown’s two firearm convictions was improperly admitted in the absence of a showing of a physical likeness between those offenses and the charged offense.

Moreover, not only was evidence of Brown’s prior firearm convictions improperly admitted, but the judgments submitted to the jury were not redacted and thus also documented Brown’s other previous crimes. Thus, Brown was prejudiced by the exposure of the jury to this evidence, *558 and we must determine whether that exposure was harmless by addressing the nature of the extrinsic evidence, the manner in which the information reached the jury, and the strength of the government’s case. See Pessefall, 27 F.3d at 515.

The nature of the extrinsic evidence was evidence of Brown’s prior crimes, as well as of his aliases and habitual felony offender status.

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Bluebook (online)
344 F. App'x 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bakari-deontre-brown-ca11-2009.