United States v. Adrian Jemison

MEMORANDUM

Adrian Jemison was convicted of being a felon in possession of a firearm and ammunition on November 8, 2013 in violation of 18 U.S.C. § 922 (g). He was sentenced to 41 months of incarceration, the low end of the Guidelines range determined by the trial court. He appeals from his conviction and from his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Jemison asserts that the district court erred in two evidentiary rulings. We review a trial court’s decision to admit or exclude evidence for an abuse of discretion. See United States v. Santini, 656 F.3d 1075, 1077 (9th Cir. 2011) (per curiam).

The undercover officer testified that he recognized Jemison at trial saying “I purchased a firearm from him on November 8th. And he’s seated in the Court today.” Jemison contends that this was a statement of opinion that should have been stricken as an inadmissable opinion pursuant to Fed. R. Evid. 701. However, the testimony is no more than a purported first-hand account of what the witness claimed he did and saw, based on his own knowledge and perception. This is not opinion testimony, and there was no error in the court’s declining to strike it. Even if…