United States v. Claude Blackburn

592 F.2d 300, 1979 U.S. App. LEXIS 17241

Opinions

ORDER

Appellant Claude Blackburn was convicted, following a jury trial, of possession of a firearm by one having been previously convicted of a felony. 18 U.S.C. § 1202(a)(1) (Appendix) (1976).

In his appeal Blackburn asserts that it was error for the trial court to have refused his offer to stipulate that he had committed the felonies described in the indictment in order to avoid disclosing their nature to the jury. In short, the appellant asks this court to reconsider its earlier opinion in United States v. Burkhart, 545 F.2d 14 (6th Cir. 1976). Upon consideration, the court adheres to its decision in Burkhart, supra, particularly under the facts of this case.

Appellant also claims that it was error for the court to have permitted the government to impeach him on cross-examination by use of a felony more than ten years old, in violation of Rule 609(b), Fed.R.Evid. While the court is of the opinion that the admission of the proof of this third felony did not conform to the standards of Rule 609(b), as set forth in this court’s opinion in United States v. Sims, 588 F.2d 1145 (6th Cir. 1978), it is further of the opinion that any error in this regard was harmless within the meaning of Rule 52(a), Fed.R.Crim.P., particularly since the jury already had before it the evidence of Blackburn’s commission of the felonies described in the indictment. Accordingly,

IT IS ORDERED that the judgment of the district court is affirmed.