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United States v. McCarson

The D.C. Circuit affirmed the appellant's conviction by the district court for felony in possession of a firearm and possession with the intent to distribute five grams or more of cocaine base. The court rejected the appellant's argument that evidence of the drugs and gun, which U.S. marshals discovered while executing a warrant for the appellant's arrest in connection with another charge, should be suppressed as the fruits of an unreasonable search in violation of the Fourth Amendment. The court further found that the district court did not err under Rules 403 and 404(b) of the Federal Rules of Evidence in allowing the government to introduce evidence of the appellant's prior convictions because the prior convictions were relevant and the district court gave the jury an appropriate limiting instruction.

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Argued May 9, 2008

Before: GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

A jury found Lewis McCarson guilty of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1), and of possessing with the intent to distribute five grams or more of cocaine base, see 21 U.S.C. § 841(a)(1) & (b)(1)(B)(iii). He was acquitted of possessing a firearm during a drug-trafficking offense, see 18 U.S.C. § 924(c)(1), and of possessing with the intent to distribute marijuana, see 21 U.S.C. § 841(a)(1) & (b)(1)(D). On appeal, McCarson argues that evidence of the gun and the drugs, which the U.S. Marshals discovered while executing a warrant for McCarson’s arrest in connection with another charge, should be suppressed as the fruits of an unreasonable search in violation of the Fourth Amendment to the Constitution of the United States. In addition, McCarson contends the district court erroneously applied Rules 404(b) and 403 of the Federal Rules of Evidence in allowing the Government to introduce evidence of his prior convictions. We find merit in neither argument and therefore affirm the conviction.

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