Eleventh Circuit Court of Appeals - Published Opinions

Thursday, October 12, 2006

Bradberry: Gang Affiliation Not Unduly Prejudicial

In U.S. v. Bradberry, No. 06-11757 (Oct. 11, 2006), the Court affirmed the conviction and sentence of a defendant convicted of possession of a firearm in a school zone, in violation of 18 U.S.C. § 922(q)(2)(A).
The Court rejected the argument that the admission of evidence of Bradberry’s gang affiliation was unduly prejudicial. The Court noted that evidence that the defendant and others were part of the same gang made the government’s theory of the case "more likely." The balancing of the prejudicial impact of the testimony against its probative value presented a close question. The district court’s decision thereforre fell within the ambit of harmless error.
The Court also rejected Bradberry’s challenge to the obstruction of justice enhancement. The Court noted that the enhancement was based on perjurious testiomny put on by Bradeberry’s witnesses. It was permissible to make Bradberry to suffer the consequences of suborned testimony he put on.http://www.ca11.uscourts.gov/opinions/ops/200611757.pdf