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.
111169P.pdf 08/16/2011 United States v. Marcellus Watson
U.S. Court of Appeals Case No: 11-1169
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Melloy, Author, with Bye, Circuit Judge, and Smith
Camp, District Judge]
Criminal case - Criminal law and sentencing. Allowing officers to testify
that they observed a photo of a handgun on defendant's cell phone and a
handgun holster on his person did not violate his Confrontation Clause
rights because even though the officers did not preserve the evidence,
defendant had the opportunity to effectively cross-examine the officers on
their observations; no error in admitting video where officers informed
defendant that the victim had alleged that he shot at her as the evidence
was relevant to the issue of defendant's possession of a firearm; admission
of defendant's Oklahoma prison records was not error; district court did
not err in assessing a criminal history for defendant's Oklahoma
conviction for possession of a firearm while committing a drug trafficking
offense as the Oklahoma offense was a crime of violence for purposes of
Guidelines Sec. 4A1.1(e).