DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192447P.pdf 10/26/2020 United States v. Merwin Smith
U.S. Court of Appeals Case No: 19-2447
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kobes, Author, with Smith, Chief Judge, and Benton, Circuit
Judge]
Criminal case - Criminal law. In this prosecution for being a felon in
possession of a firearm, the district court did not err in admitting
defendant's 2005 conviction for possessing a firearm as a felon, as the
conviction was not remote in time or too dissimilar, it went to the issue
of proving knowing possession and it was not unfairly prejudicial; the
district court did not abuse its discretion in denying defendant's
objections to the prosecution's closing argument as the remarks were
directed to counsel's arguments that the arresting officer had lied and
were not directed at counsel; even assuming the remarks were improper,
defendant has failed to show prejudice from the brief rebuttal argument
remarks.