United States v. David Lee Dean

David Lee Dean (“Dean”) appeals his conviction after a jury trial on one count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922 (g)(1). He also appeals his sentence under 18 U.S.C. § 924 (a), (e). We have jurisdiction under 28 U.S.C. § 1291 . We reverse the conviction and remand for a new trial.

BACKGROUND

At Dean’s jury trial, Deputy Sheriff Needham testified that Darryl Long approached him while he and another deputy were having lunch at a restaurant. Over a hearsay objection by defense counsel, the trial court allowed Deputy Needham to testify as to statements Long made to him at the restaurant.

According to Deputy Needham, Long said that he had gone to the mobile home of Dean’s wife, Mary, earlier in the day to take her to a bingo game. Long said that when he arrived, Dean extorted money from him by discharging a gun near his ear. After defense counsel renewed the hearsay objection, the court instructed the jury that Long’s statements were not offered for their truth, but only to show the reason Needham later went to the mobile home.

Deputy Needham further testified that he and another officer then went to Mary Dean’s mobile home. When they arrived, Dean…