United States v. Nelson

MEMORANDUM **

Appellant Cleveland Dante Nelson, III, (“Nelson”) appeals his conviction in the United States District Court for the District of Oregon for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). A jury found Nelson guilty of the offense on January 10, 2007, and the district court subsequently sentenced him to seventy months of imprisonment. On appeal, Nelson argues: (1) the district court abused its discretion in permitting a police officer to testify as an expert regarding the connection between gloves and illegal firearm possession; (2) the district court abused its discretion in permitting lay witnesses to testify that the firearm’s position in the stopped car was inconsistent with it having been placed there prior to the traffic stop; and (3) there was insufficient evidence presented at trial to support his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Nelson contends the district court abused its discretion in permitting Officer Ryan Derry, a Portland police officer, to testify as an expert under Federal Rule of Evidence 702 regarding the connection be *493 tween gloves and illegal firearm…