United States v Farmer

Farmer challenged his felon in possession conviction arguing err in admitting a previous incident of gun possession and that the prosecution closing argument deprived him a fair trial. The panel affirmed. It held that the trial court erred in admitting the prior incident into evidence as Farmer did not waive his 4th Amendment claim in this case by pleading guilty in a state proceeding arising out of the incident. However, the error was harmless as the evidence of guilt was strong as Farmer was driving the car where the gun was found, the gun was in plain sight, he had spent significant time in the car where the gun was found, tried to distract the officer conducting the search and tried to get the passenger to claim the gun was hers. As to the argument, the panel held the challenged comments were either responses to defense argument, fair comment on the evidence or harmless as the district court gave curative instructions.