Summary
In United States v. McCoy, 47 M.J. 653, 656 (1997), the U.S. Army Court of Criminal Appeals, construing Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934, held that "the mere completion of a blank form indicating graduation from an Army school and presentment of that document to military officials as proof of such schooling does not constitute the offense of wrongfully altering a public record.
Summary of this case from State v. BrantnerOpinion
No. 97-2883EM
Submitted December 9, 1997
Filed December 17, 1997
Counsel who represented the appellant was Brian Witherspoon of St. Louis, MO.
Counsel who represented the appellee was Donald G. Wilkerson, AUSA of St. Louis, MO.
Appeal from the United States District Court for the Eastern District of Missouri.
Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
Marcus P. McCoy appeals his conviction for possession of a firearm by a felon. Relying on Rule 403 of the Federal Rules of Evidence, McCoy contends the district court improperly allowed the Government to ask a defense witness whose credibility was crucial to the resolution of the case if the witness and McCoy were affiliated with the same street gang. Contrary to McCoy's view, evidence of common gang membership was admissible to show bias on the witness's part towards McCoy and the evidence was not unfairly prejudicial under Rule 403. See United States v. Abel, 469 U.S. 45, 49, 52-55 (1984); see also O'Neal v. Delo, 44 F.3d 655, 661 (8th Cir. 1995). Thus, the district court did not abuse its discretion in permitting the Government's limited inquiry about a shared membership in a street gang. We affirm McCoy's conviction. See 8th Cir. R. 47B.