UNITED STATES v. ELYSEE

No. 18-14214.

993 F.3d 1309 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Dave ELYSEE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 8, 2021.


Attorney(s) appearing for the Case

Jason A. Reding , AUSA, Scott Dion , Emily M. Smachetti , U.S. Attorney's Office, Nicole D. Mariani , U.S. Attorney Service — SFL, Miami, FL, Phillip Drew DiRosa , U.S. Attorney's Office, Fort Lauderdale, FL, for Plaintiff-Appellee.

Ian McDonald , Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Arun Ravindran , Hedin Hall, LLP, Miami, FL, Andrew L. Adler , Federal Public Defender's Office, Fort Lauderdale, FL, for Defendant-Appellant.

Before NEWSOM, TJOFLAT, and GINSBURG, Circuit Judges.


Defendant Dave Elysee appeals his conviction and sentence for possessing a firearm while a felon in violation of 18 U.S.C. § 922(g)(1). This appeal presents four issues: (1) whether the District Court abused its discretion in excluding out-of-court statements as hearsay when they were not offered to prove the truth of...

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