What is the test for impeaching a defendant for possession of a firearm?
MultiRegion, United States of America
The following excerpt is from U.S. v. Aldi, 101 F.3d 682 (2nd Cir. 1996):
This conclusion directly follows the reasoning this court employed in United States v. Beverly, 5 F.3d 633 (2d Cir.1993). In Beverly, the defendant appealed his conviction for use of a firearm during a drug trafficking crime in Albany. At trial, the defendant testified on direct that he had never possessed a firearm in Albany, and that he had almost no familiarity with guns. 5 F.3d at 640. The government impeached the defendant by asking him about pending state charges for prior shootings.
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