DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103621P.pdf 03/14/2012 United States v. Yusef Stroud
U.S. Court of Appeals Case No: 10-3621
and No: 11-2119
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Criminal law and sentencing. Claim of vindictive
prosecution rejected as there was no objective evidence for defendant's
claim that this prosecution was brought to punish him for filing a Section
1983 action against the arresting officers, and the time line in the case did
not raise a presumption of vindictiveness; district court did not abuse its
discretion by limiting defendant's cross-examination of one of the
arresting officers; no error in admitting into evidence defendant's prior
conviction for possession of a machine gun as it was relevant to
defendant's knowledge and was sufficiently similar and close enough in
time to meet the court's standard of reasonableness; evidence was
sufficient to support defendant's conviction for being a felon in possession
of a firearm; no error in applying an enhancement under Guidelines Sec.
2K2.1(c) where defendant admitted he used the firearm to kill the victim;
district court adequately explained the basis for its sentencing decision;
evidence was not substantively unreasonable; no error in denying motion
for new trial based on newly discovered evidence.