U.S. v. Klebig

Defendant was entitled to new trial on charge of possession of unregistered sawed-off rifle and silencer where Dist. Ct. allowed govt. to place into evidence fact that defendant had threatening sign on front door of his home, as well as security system, and permitted govt. to present 23 firearms for jury's view. Although issue at trial was whether defendant knew that sawed-off rifle possessed characteristics that required it to be registered, and whether defendant intended use of oil filter as silencer, evidence of threatening sign and security system was irrelevant and had effect of inviting jury to convict defendant based on fear or dislike for defendant. Moreover, display of all 23 firearms before jury was improper since said display improperly focused jury's attention on shear volume of fire power that defendant possessed. Prosecutor also erred in making two demonstrations during closing argument that attempted to link oil filter to rifle since said demonstrations concerned new facts that conflicted with testimony of govt.'s own expert witness.