July 03rd, 2020

United States v. Burden

Docket: 19-30394
Opinion Date: July 2, 2020
Judge: Jerry E. Smith
Areas of Law: Criminal Law

The Fifth Circuit affirmed Defendants Burden and Scott's convictions and sentences for unlawfully possessing firearms as felons. The court held that the district court did not abuse its discretion in denying Scott's motion for severance where Scott failed to overcome the presumption that the jury would follow the district court's limiting instruction; defendants cannot meet their burden to show that Rehaif error affected their substantial rights; regardless of the standard of review, the evidence was sufficient to support the conviction; the district court did not err, much less plainly so, in ordering the attorneys to seek approval before mentioning or eliciting testimony concerning defendants' statements that they had just been robbed of their clothing; and the district court did not abuse its discretion in applying a cross-reference to attempted first degree murder at sentencing.

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