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U.S. v. McCoy

United States Court of Appeals, Eighth Circuit
Dec 17, 1997
131 F.3d 760 (8th Cir. 1997)

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. Brantner

Opinion

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.


Summaries of

U.S. v. McCoy

United States Court of Appeals, Eighth Circuit
Dec 17, 1997
131 F.3d 760 (8th Cir. 1997)

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. Brantner
Case details for

U.S. v. McCoy

Case Details

Full title:United States of America, Appellee, v. Marcus P. McCoy, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 17, 1997

Citations

131 F.3d 760 (8th Cir. 1997)

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State v. Brantner

The Military courts are in agreement. In United States v. McCoy, 47 M.J. 653, 656 (1997), the U.S. Army Court…