United States v. Bermudez
United States Court of Appeals for the Second Circuit
529 F.3d 158 (2008)

- Written by Sean Carroll, JD
Facts
Richie Bermudez (defendant) was charged with being a felon in possession of a firearm. A police officer saw Bermudez with the firearm while the officer was surveilling him related to drug activity. At trial, the prosecution (plaintiff) sought to introduce statements that Bermudez had made about drug dealing. An officer had overheard the statements while surveilling Bermudez. Bermudez disputed the officer’s recounting of events. The trial court permitted the evidence over Bermudez’s objection, finding that it was relevant to the officer’s credibility in terms of why the police were monitoring Bermudez when they saw the firearm. The court also found that the evidence was probative and had only a low risk of prejudice. The judge instructed the jury that it was to consider the evidence only for the purpose of evaluating the officers’ credibility about why the police were monitoring Bermudez when they saw the firearm. Bermudez was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Walker Jr., J.)
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