United States v. McGregor

960 F.3d 1319 (2020)

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United States v. McGregor

United States Court of Appeals for the Eleventh Circuit
960 F.3d 1319 (2020)

SC

Facts

Surmondrea McGregor (defendant) pled guilty to attempted murder. As a condition of his release from prison, he was sentenced to four months’ probation. As conditions of his probation, he could not own a gun, and he was subject to home visits by his probation officer. During one such visit, the officer found a gun in a small closet. The officer also found evidence of identity theft in the same closet, including papers containing the personally identifiable information of other people. McGregor’s fingerprints were later found on those papers. Further, law enforcement found Snapchat pictures of McGregor holding the gun that was found. McGregor was charged with identity theft and being a felon in possession of a gun. McGregor’s defense regarding the identity-theft charge was that he shared the home and that the incriminating papers were not his. McGregor pled guilty to the gun charge and then objected to the introduction of the gun evidence in his identity-theft trial on the ground that its probative value was substantially outweighed by its unfairly prejudicial effect under Federal Rule of Evidence 403 (Rule 403). The district court overruled the objection and convicted McGregor of identity theft. McGregor appealed.

Rule of Law

Issue

Holding and Reasoning (Marcus, J.)

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