Old Chief v. United States, 519 U.S. 172, 3 (1997)

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174

OLD CHIEF v. UNITED STATES

Opinion of the Court

Daniel Donovan argued the cause for petitioner. With him on the briefs was Anthony R. Gallagher.

Miguel A. Estrada argued the cause for the United States. On the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Alan Jenkins, and Thomas E. Booth.*

Justice Souter delivered the opinion of the Court. Subject to certain limitations, 18 U. S. C. § 922(g)(1) prohibits possession of a firearm by anyone with a prior felony conviction, which the Government can prove by introducing a record of judgment or similar evidence identifying the previous offense. Fearing prejudice if the jury learns the nature of the earlier crime, defendants sometimes seek to avoid such an informative disclosure by offering to concede the fact of the prior conviction. The issue here is whether a district court abuses its discretion if it spurns such an offer and admits the full record of a prior judgment, when the name or nature of the prior offense raises the risk of a verdict tainted by improper considerations, and when the purpose of the evidence is solely to prove the element of prior conviction.1 We

hold that it does.

I

In 1993, petitioner, Old Chief, was arrested after a fracas involving at least one gunshot. The ensuing federal charges included not only assault with a dangerous weapon and using a firearm in relation to a crime of violence but violation of 18 U. S. C. § 922(g)(1). This statute makes it unlawful for anyone "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to "possess in or affecting commerce, any firearm . . . ." "[A]

*Tova Indritz and Barbara Bergman filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.

1 The standard of review applicable to the evidentiary rulings of the district court is abuse of discretion. United States v. Abel, 469 U. S. 45, 54-55 (1984).

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