United States v. Johnson

MEMORANDUM *

Jerald Lavelle Johnson (“Johnson”) appeals from his conviction for being a felon in possession of a firearm under 18 U.S.C. § 922 (g)(1). He challenges the district court’s (1) admission of evidence relating to a state court probation revocation hearing arising out of the same events as the federal case, (2) jury instructions, and (3) application of an armed career criminal sentencing enhancement. We affirm the district court’s evidentiary ruling and jury instruction. However, we vacate Johnson’s sentence and remand for re-sentencing without an armed career criminal enhancement.

I

Johnson argues that the district court abused its discretion in allowing testimony that he was charged in a state court probation revocation hearing as a result of the same incident that led to his prosecution in federal court. However, all references to the state court hearing were vague and directed towards impeaching the credibility of Johnson’s girlfriend for failing to come forward sooner with allegedly relevant evidence. Moreover, it was defense counsel who initially inquired about the state court hearing when he asked Officer Leon during cross-examination if he had testified in…