U.S. v. Nelson

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 19-2985
Decision Date: 
May 11, 2020
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

In prosecution on charge of unlawful possession of firearm, Dist. Ct. did not commit reversible error in admitting evidence that drugs were found in defendant's vehicle, and that defendant and one passenger gave false name to police when asked to identify themselves. Defendant failed to move to suppress evidence regarding presence of marijuana in his car, as he should have done under Rule 12(b)(3)(C) if he wanted to bar its use at trial, and defendant otherwise failed to satisfy Rule 12(c)(3) by giving good excuse for his failure to file said motion. Moreover, while government's explanation, that evidence of drugs found in defendant's car was necessary to "complete the story" of his arrest, is at odds with holding in Gomez, 763 F.3d 845, any error was harmless as to defendant's firearm possession conviction, where there was overwhelming evidence supporting his conviction given DNA evidence linking defendant to firearm, which was located within defendant's reach in his vehicle. Also, there was no reversible error associated with evidence that defendant gave false name to police, where defendant quickly admitted to said act, and neither party dwelled on said evidence.