United States v. Marcus McCoy

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 17, 1997
• Docket: 97-2883
• Status: Published

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 97-2883EM _____________

United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Marcus P. McCoy, * [PUBLISHED] * Appellant. * _____________

Submitted: December 9, 1997 Filed: December 17, 1997 _____________

Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _____________

PER CURIAM.

Marcus P. McCoy appeals his conviction for possession of a firearm by a felon. Relying on Rule 403 of the Federal Rules of Evidence, McCoy contends the district court improperly allowed the Government to ask a defense witness whose credibility was crucial to the resolution of the case if the witness and McCoy were affiliated with the same street gang. Contrary to McCoy's view, evidence of common gang membership was admissible to show bias on the witness's part towards McCoy and the evidence was not unfairly prejudicial under Rule 403. See United States v. Abel, 469 U.S. 45, 49, 52-55 (1984); see also O'Neal v. Delo, 44 F.3d 655, 661 (8th Cir. 1995). Thus, the district court did not abuse its discretion in permitting the Government's limited inquiry about a shared membership in a street gang. We affirm McCoy's conviction. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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