United States v. Sheard
Opinion
OPINION OF THE COURT
While serving a sentence for bank robbery, Errin Sheard was convicted of simple assault against a corrections officer, Christopher Johnson. Sheard hit Johnson in the nose while the two were in a prison stairwell, and Johnson received medical treatment. Sheard testified at trial that he swung at Johnson in self-defense after Johnson hit him in the back of the head and tried to throw him to the ground. In support of his self-defense claim, Sheard attempted to cross-examine two government witnesses at trial about Johnson’s reputation for aggressive behavior, but the District Court refused to allow the questioning. Sheard now appeals, arguing that the District Court should not have excluded this line of cross-examination. 1
This Court reviews a District Court’s decision on the admissibility of evidence for abuse of discretion. United States v. Serafini 233 F.3d 758, 768 n. 14 (3d Cir. 2000). However, we exercise plenary review over the Court’s construction of the Federal Rules of Evidence. United States v. Johnson, 388 F.3d 96, 100 (3d Cir. 2004).
After considering the record and the submissions of the parties, we conclude that Sheard’s claims on appeal are without merit. The judgment of the District Court is affirmed.
. The District Court had jurisdiction over this federal criminal case pursuant to § 18 U.S.C. 3231. This Court has jurisdiction over Sheard’s appeal pursuant to 28 U.S.C. § 1291.
Reference
- Full Case Name
- UNITED STATES of America v. Errin SHEARD, Appellant
- Status
- Unpublished