U.S. v. Ozuna 

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 11-2125
Decision Date: 
March 19, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
In prosecution on unlawful possession of firearm charge, Dist. Ct. did not abuse its discretion by failing to exclude evidence regarding defendant's gang affiliation where said evidence was elicited from witness, who testified he was with defendant at time of defendant's arrest and asserted that he, as opposed to defendant, had possessed firearm that was discovered in neighbor's yard. Under circumstances of case, evidence that witness and defendant were members of same gang was relevant to establish bias of witness, and Dist. Ct. otherwise took precautions to avoid risk of undue prejudice to defendant by giving cautionary instruction against giving consideration of defendant's gang membership in determination of guilt or innocence on charged offense.