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.
161306P.pdf 03/27/2017 United States v. Gilberto Ramos
U.S. Court of Appeals Case No: 16-1306
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Kelly, Author, with Wollman and Arnold and Circuit Judges]
Criminal case - Criminal law and sentencing. There was sufficient evidence
on the drug charges in the case, but the evidence was insufficient to
support defendant's conviction for being a felon in possession of a
firearm as a reasonable jury could not conclude beyond a reasonable doubt
that defendant had constructive possession of the weapon; the district
court erred in admitting an Arkansas Parole Board Waiver of Revocation
Form as any probative value the form might have had was outweighed by the
risk of unfair prejudice to defendant; however, the error was harmless
with respect to defendant's conviction on the drug charges in light of the
evidence of his guilt; the court would not reach defendant's arguments
regarding the reasonableness of his sentence in light of the reversal of
his felon-in-possession conviction. Judge Arnold, concurring. Judge
Wollman, concurring in part and dissenting in part.