United States v. Palmer

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Jackson, Palmer, Taylor, Dillard, and Rembert were charged with multiple violations of 18 U.S.C. 2119(2), carjacking resulting in serious bodily injury, and 18 U.S.C. 924(c)(1)(A)(ii), using, carrying, or possessing a firearm during a crime of violence. Palmer was also charged with being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). Rembert and Taylor entered guilty pleas pursuant to agreements that required that they testify against their co-defendants. Dillard later entered a guilty plea but did not testify. Palmer unsuccessfully moved to have the felon-in-possession charge severed from the other charges against him to avoid undue prejudice from the introduction of evidence of his prior felony convictions, then pleaded guilty to the felon-in-possession charge. Before trial, the government moved for leave to introduce background evidence of defendants’ gang activities, including their involvement in several retaliatory drive-by shootings under Federal Rule of Evidence 404(b). The court allowed Rembert's testimony regarding the relationship between co-defendants as well as the motive for the carjacking. Rejecting challenges to the sufficiency of the evidence, the Sixth Circuit affirmed Palmer’s conviction and 175-month sentence. The court vacated one of Jackson’s firearms convictions and remanded for resentencing; the district court had imposed a 771-month term of imprisonment. The district court reasonably found that the gang evidence was admissible as evidence of motive under Rule 404(b) and was not substantially more prejudicial than probative. View "United States v. Palmer" on Justia Law