Evans

MEMORANDUM **

Nekolas Evans (“Evans”) appeals his jury conviction for possession of a firearm by a felon in violation of 18 U.S.C. § 922 (g)(1). At trial, Evans presented an alibi defense, claiming that he was at the movies at the time the police attempted to arrest the actual offender. He argues that the district court improperly admitted the cellular phone records of a third party, Bernice Washington, which were used by the prosecution to impeach the alibi testimony of his girlfriend, Devya Vaughn. He also argues that the district court improperly limited his attorney’s cross-examination of Detective Sappal, which was designed to suggest that the police had planted the firearm at the scene where the actual offender had fled from the police. Finally, he argues that the evidence was insufficient to support the verdict, on the theory that the firearm was seized under circumstances that did not establish knowing possession by the offender. He also requests that his sentence be remanded for resentencing consistent with United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

We approve the district court’s eviden-tiary rulings and affirm the verdict. We grant…