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United States v. Williams

Appellant contends that: 1. the district court erred in admitting into evidence prior acts that were irrelevant to the charge or unduly prejudicial in violation of Federal Rule of Evidence 404(b); 2. the district court abused its discretion under Federal Rule of Evidence 403 by admitting a recorded telephone conversation that was irrelevant to the case; and 3. the district court committed plain error by considering his bare arrest record as a basis for an upward variance from the Sentencing Guidelines range in determining his sentence. The 5th U.S. Circuit Court of Appeals affirmed both appellant's conviction and sentence. 5th U.S. Circuit Court of Appeals, No. 09-30528, 09-16-2010

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Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

Defendant-Appellant Byron Ladell Williams appeals his conviction of illegal possession of a “Masterpiece MAC-9mm”-style assault rifle in violation of 18 U.S.C. § 922(g)(1)*fn1 and his corresponding 108-month prison sentence, reflecting an upward variance from the Sentencing Guidelines range. Williams contends that: (1) the district court erred in admitting into evidence prior acts that were irrelevant to the charge or unduly prejudicial in violation of Federal Rule of Evidence 404(b); (2) the district court abused its discretion under Federal Rule of Evidence 403 by admitting a recorded telephone conversation that was irrelevant to the case; and (3) the district court committed plain error by considering Williams’s bare arrest record as a basis for an upward variance from the Sentencing Guidelines range in determining his sentence. For the reasons set forth below, we AFFIRM both Williams’s conviction and sentence.

I. FACTUAL BACKGROUND

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