United States v. Johnson

The Fifth Circuit affirmed defendant's conviction and sentence for carjacking and two related firearms offenses. The court held that even if the district court erred by excluding a government witness's Facebook posts, defendant failed to show that the error had a substantial and injurious effect or influence in determining the jury's verdict; assuming that the Government's reference to defendant's three prior felonies was improper, defendant failed to demonstrate prejudice sufficient to require a new trial; the district court did not err by applying a two-level sentencing enhancement to defendant's sentence under USSG 3C1.1 for perjury; the district court did not erroneously calculate defendant's base offense level; and the court rejected defendant's claim that the district court should have set aside his conviction under 18 U.S.C. 924(c)(3). The court remanded to the district court for the limited purpose of correcting a clerical error. View "United States v. Johnson" on Justia Law