Evidence – other acts — jury instructions

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United States Court of Appeals For the Seventh Circuit

Criminal

Evidence – other acts — jury instructions

In a prosecution for felon in possession of a firearm, reversal is required where the district court failed to inform the jury that the defendant’s prior felony conviction was admissible only for the limited purpose of establishing his status as a felon.

“Without an additional instruction to consider the stipulation only for the limited purpose of determining whether Robinson was a convicted felon, this charge communicated to jurors that they were permitted, and perhaps even obliged, to consider the stipulation for the purpose of determining whether Robinson possessed the firearm. A lay juror could infer that a convicted felon is more likely to carry a dangerous weapon than someone without a track record of criminal wrongdoing. This inference, however, is precisely what Federal Rule of Evidence 404(b) forbids.”

Reversed and Remanded.

12-3874 U.S. v. Robinson

Appeal from the United States District Court for the Northern District of Illinois, Norgle, J., Wood, J.