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U.S. v. HAMILTON

No. 12-20250.

723 F.3d 542 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus D. HAMILTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 2013.

Attorney(s) appearing for the Case

James Lee Turner (argued), Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Janet Celeste Blackburn (argued), Esq., Law Office of Celeste Blackburn, P.L.L.C., The Woodlands, TX, for Defendant-Appellant.

Before: STEWART, Chief Judge, and HIGGINBOTHAM and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Marcus Hamilton ("Hamilton") appeals from a jury verdict finding him guilty of unlawful possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Because the district court abused its discretion in admitting certain testimony that attempted to describe Hamilton's alleged gang membership and connect it with illegal firearms, and the error was not harmless under the close facts of this case, we REVERSE the...

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