Evidence — gang affiliation

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United States Court of Appeals For the Seventh Circuit

Criminal

Evidence — gang affiliation

Evidence of gang affiliation was relevant to show bias on the part of a defense witness.

“To be relevant, Rule 401 provides that evidence must have a tendency to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence. Here, the evidence was offered to show Sanchez’ bias in favor of his fellow gang member. Proof of bias is almost always relevant, as ‘[a] successful showing of bias on the part of a witness would have a tendency to make the facts to which he testified less probable in the eyes of the jury than it would be without such testimony.’ United States v. Abel, 469 U.S. 45, 51-52 (1984). Moreover, ‘common membership in an organization, even without proof that the witness or party has personally adopted its tenets, is certainly probative of bias.’ Id. Sanchez and Ozuna’s membership in the Spanish Cobras clearly supported the inference that Sanchez’ testimony was slanted or even manufactured in Ozuna’s favor, particularly as Sanchez, unlike Ozuna, had not previously been convicted of a felony. It was therefore relevant and probative.”

Affirmed.

11-2125 U.S. v. Ozuna

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Shadid, J.