United States v. Leroy Harris, Jr.

Eighth Circuit

United States v. Leroy Harris, Jr.

137 F.3d 1058, 1998 WL 86555

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 3, 1998

Docket97-1812

StatusPublished

Cited by8 cases

This text of 137 F.3d 1058 (United States v. Leroy Harris, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Leroy Harris, Jr., 137 F.3d 1058, 1998 WL 86555 (8th Cir. 1998).

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Opinions

BEAM, Circuit Judge.

■ LeRoy Harris challenges his conviction for being a felon in possession of a firearm, arguing that the jury should not have been informed of the number and nature of his multiple prior felonies because he offered to stipulate to his felon status. Because we find that any error was harmless, we affirm.

I. BACKGROUND

While executing a valid search warrant for a Cape Girardeau, Missouri, residence, police seized a Revelation twelve-gauge shotgun. LeRoy Harris, whom police believed resided at the house, was charged with being a felon in possession of a firearm. See 18 U.S.C. §§ 922(g)(1) and 924(e). The indictment listed six predicate felonies: carnal knowledge of a female under sixteen, attempt to burn property, rape, forgery, and two convictions for breaking and entering. Harris entered a plea of not guilty and was tried by a jury. Before trial, Harris offered to stipulate to his felon status, and moved in limine to exclude reference to the name and nature of his convictions, or, in the alternative, to limit the government to proving only the forgery conviction.. The district court¹ ruled that evidence of the sex crimes would be unduly prejudicial, but denied Harris’s motion as to the other convictions. In its ease in chief, the government offered certified copies of the sentence and judgment forms for four of Harris’s prior felonies. The government also presented the testimony of three police officers stating that Harris had told them that the gun was his; a witness who reported that she had observed her husband trade the gun [1060]*1060to Harris in exchange for drugs; and evidence that Harris had listed this address as his residence on his driver’s license, hunting license, and automobile registration. In defense, Harris testified that he did not actually reside in the house, but simply stayed there several nights per week and that, in any event, the gun was not his. The jury convicted Harris, who appeals.

II. DISCUSSION

Harris argues that the court’s refusal to accept his offer to stipulate violates the Supreme Court’s directive in Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997).² In Old Chief, the Court held that when a defendant makes an offer to stipulate which is specific enough to establish felon status for purposes of 922(g), and when “the prior conviction is for an offense likely to support conviction on some improper ground, ... the risk of unfair prejudice ... substantially outweigh[s] the discounted probative value of the record of conviction.” Id. at 655.

Although the parties argue about whether Harris’s offer to stipulate was sufficient to trigger Old Chief, we do not need to reach that issue. To warrant relief under Old Chief, the asserted error must not be harmless. United States v. Blake, 107 F.3d 651, 653 (8th Cir.1997). See also, Old Chief, 519 U.S. at-n. 11, 117 S.Ct. at 656 n. 11 (expressing no opinion on whether failure to exclude record of conviction was harmless). When evidence of a defendant’s guilt is overwhelming, the Old Chief violation is harmless. See, e.g., Redding v. United States, 105 F.3d 1254, 1255 (8th Cir.1997) (habeas petitioner not entitled to relief under Old Chief given the overwhelming evidence of guilt). The government concedes that in this case it must bear the burden of establishing harmlessness. See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 1777-78, 123 L.Ed.2d 508 (1993). We find that the government has carried that burden here. The testimony of the police officers, to whom Harris admitted owning the gun, and the testimony of the witness who saw Harris purchase the gun, in combination with other evidence that Harris lived at the house, was overwhelming evidence that Harris did, in fact, possess the weapon. Thus, we find any error in rejecting Harris’s offer to stipulate to felon status was harmless.

III. CONCLUSION

We have carefully considered the remainder of Harris’s arguments and find them to be without merit. The judgment of the district court is affirmed.

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BEAM, Circuit Judge.

■ LeRoy Harris challenges his conviction for being a felon in possession of a firearm, arguing that the jury should not have been informed of the number and nature of his multiple prior felonies because he offered to stipulate to his felon status. Because we find that any error was harmless, we affirm.

I. BACKGROUND

While executing a valid search warrant for a Cape Girardeau, Missouri, residence, police seized a Revelation twelve-gauge shotgun. LeRoy Harris, whom police believed resided at the house, was charged with being a felon in possession of a firearm. See 18 U.S.C. §§ 922(g)(1) and 924(e). The indictment listed six predicate felonies: carnal knowledge of a female under sixteen, attempt to burn property, rape, forgery, and two convictions for breaking and entering. Harris entered a plea of not guilty and was tried by a jury. Before trial, Harris offered to stipulate to his felon status, and moved in limine to exclude reference to the name and nature of his convictions, or, in the alternative, to limit the government to proving only the forgery conviction.. The district court¹ ruled that evidence of the sex crimes would be unduly prejudicial, but denied Harris’s motion as to the other convictions. In its ease in chief, the government offered certified copies of the sentence and judgment forms for four of Harris’s prior felonies. The government also presented the testimony of three police officers stating that Harris had told them that the gun was his; a witness who reported that she had observed her husband trade the gun [1060]*1060to Harris in exchange for drugs; and evidence that Harris had listed this address as his residence on his driver’s license, hunting license, and automobile registration. In defense, Harris testified that he did not actually reside in the house, but simply stayed there several nights per week and that, in any event, the gun was not his. The jury convicted Harris, who appeals.

II. DISCUSSION

Harris argues that the court’s refusal to accept his offer to stipulate violates the Supreme Court’s directive in Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997).² In Old Chief, the Court held that when a defendant makes an offer to stipulate which is specific enough to establish felon status for purposes of 922(g), and when “the prior conviction is for an offense likely to support conviction on some improper ground, ... the risk of unfair prejudice ... substantially outweigh[s] the discounted probative value of the record of conviction.” Id. at 655.

Although the parties argue about whether Harris’s offer to stipulate was sufficient to trigger Old Chief, we do not need to reach that issue. To warrant relief under Old Chief, the asserted error must not be harmless. United States v. Blake, 107 F.3d 651, 653 (8th Cir.1997). See also, Old Chief, 519 U.S. at-n. 11, 117 S.Ct. at 656 n. 11 (expressing no opinion on whether failure to exclude record of conviction was harmless). When evidence of a defendant’s guilt is overwhelming, the Old Chief violation is harmless. See, e.g., Redding v. United States, 105 F.3d 1254, 1255 (8th Cir.1997) (habeas petitioner not entitled to relief under Old Chief given the overwhelming evidence of guilt). The government concedes that in this case it must bear the burden of establishing harmlessness. See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 1777-78, 123 L.Ed.2d 508 (1993). We find that the government has carried that burden here. The testimony of the police officers, to whom Harris admitted owning the gun, and the testimony of the witness who saw Harris purchase the gun, in combination with other evidence that Harris lived at the house, was overwhelming evidence that Harris did, in fact, possess the weapon. Thus, we find any error in rejecting Harris’s offer to stipulate to felon status was harmless.

III. CONCLUSION

We have carefully considered the remainder of Harris’s arguments and find them to be without merit. The judgment of the district court is affirmed.

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137 F.3d 1058, 1998 WL 86555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leroy-harris-jr-ca8-1998.

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I. BACKGROUND

II. DISCUSSION

III. CONCLUSION

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