United States v. Vinny Gilbert
Opinion
Opinion
ORDER
The memorandum disposition filed January 30, 1995 is redesignated as a per curiam opinion.
OPINION
Vincent Gilbert, following a jury trial, appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). Gilbert contends the district court erred in permitting the government to introduce prior unsworn inconsistent statements of two of its witnesses for the purpose of impeachment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 10, 1992, Vincent (Vinny) Gilbert went to the trader home of his estranged wife, Christina (Tina) Gilbert, to dispute the payment of a utility bill. Vinny and Tina Gilbert formerly lived together in the trailer home, but upon their separation, James Michael Suddeth, Tina’s boyfriend, moved into the trailer home. Tina was visiting at a nearby trailer when she saw Vinny drive up in his van. She immediately called 911 because she was fearful Vinny would harm her. Extremely upset and screaming, Tina told the 911 operator that Vinny was going to beat her up, and that he had a gun to her boyfriend’s head.