United States v. Sanders

964 F.2d 295 (1992)

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Nature of the Case

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Facts

Sanders (D) and Alston were indicted for assault with intent to commit murder and possession of a knife or shank. Both were in prison at the time the assault occurred. D had previously been convicted on similar charges and filed a motion in limine to exclude evidence of these convictions. The court granted the motion with respect to an armed robbery where the conviction was reversed, and with respect to a stabbing, where D was acquitted. However, the court allowed evidence regarding prior assault and contraband convictions. At trial, D was convicted for possession of a shank, but the jury was unable to reach a verdict on the assault charge. Before the second trial, D renewed his motion in limine to exclude his previous assault and possession of contraband convictions. The court denied the motions. D was convicted of assault and appeals both the contraband and assault convictions.