United States v. Davis

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Davis was convicted of two counts of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). Count One arose from an incident on July 20, 2016. Davis got into a fight at the home of Jackie and Wamue. Police arrived quickly and found a firearm on the curb outside the house. Davis argued that Jackie or Wamue, both convicted felons, set him up. The government presented evidence to prove that Davis brought the gun to the house. On appeal, Davis objected to testimony from responding Officer Cline, as to prior consistent statements made by Jackie and Wamue, and testimony from Davis’s six-year-old daughter. Count Two arose from an incident on August 30, when police executed a warrant for Davis’s arrest. During a pat down of Davis, an officer found a Crown Royal bag tied to his boxer shorts. Officers also saw a revolver barrel sticking out of a Crown Royal bag in the mudroom, then obtained a search warrant and discovered the firearm was a disassembled, stolen revolver. They found a third Crown Royal bag in a basement crawl space. Davis lived with six others. The evidence was conflicting as to the owner of the revolver. On appeal, Davis contested the government calling his housemate and adult son, J.R., to testify, and argued that there was insufficient evidence that the gun was his. The Seventh Circuit affirmed, upholding all of the challenged evidentiary rulings. View "United States v. Davis" on Justia Law