United States v. Dabbs , 85 F. App'x 401 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 23, 2004
Charles R. Fulbruge III
Clerk
No. 03-60479
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GENE DARRELL DABBS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
(2:02-CR-101-1-B)
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Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Gene Darrell Dabbs appeals his conviction
for being a felon in possession of a firearm, in violation of 18
U.S.C. § 922(g). In addition to the federal charges for possessing
a weapon, Dabbs was charged in state court with aggravated assault
based on the same incident. The state charges were dismissed.
Dabbs argues that the district court erroneously granted the
government's motion in limine to exclude evidence of that
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
dismissal, contending that this exclusion violated his rights to
confrontation and denied him a fair trial.
The primary interest secured by the Confrontation Clause of
the Sixth Amendment is the defendant's right to cross-examine his
accusers. Davis v. Alaska, 415 U.S. 308, 315 (1974). "[T]he
Confrontation clause guarantees the defendant 'an opportunity
for effective cross-examination, not cross-examination that is
effective in whatever way, and to whatever extent, the defense
might wish.'" United States v. Pace, 10 F.3d 1106 (5th Cir.
1993)(citation omitted). The district court did not err by
granting the government's motion in limine. See United States v.
Kerley, 643 F.2d 299, 300-01; (5th Cir. 1981) United States v. De
La Rosa, 171 F.3d 215, 219 (5th Cir. 1999); see also United States
v. Marrero-Ortiz, 160 F.3d 768, 775 (1st Cir. 1998).
AFFIRMED.
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