United States v. Dennis William Blackstone

Dennis Blackstone appeals his conviction for possession of a firearm by a felon, 18 U.S.C. § 922 (g)(1). He claims the district court erred in 1) admitting overly prejudicial evidence of drug paraphernalia, expert testimony connecting guns and drugs, and the nature of his prior conviction; 2) refusing to allow surrebuttal testimony; and 3) refusing to suppress evidence of the search of his truck and his pre-Miranda statements.

I. FACTS AND PROCEDURAL HISTORY

Shortly after 11 p.m. on June 5, 1992, trucker Dennis Blackstone stopped his 18-wheeler at the port of entry on the border between Arizona and New Mexico and attempted to purchase a permit to cross the state. After Arizona Department of Public Safety Officer Chris Long noticed two violations in Blackstone’s log book, he decided to inspect the truck. He testified at trial that at this time he smelled marijuana on Blackstone, although Blackstone did not appear incapacitated. While inspecting the cab of the truck, Long spied a marijuana pipe on the floor, which led him to notice and to open a tin playing card box that contained approximately two and one-half grams of marijuana. Long arrested Blackstone, handcuffed him and took…