United States v. Daniel Houser

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

Appellant Daniel Houser was convicted, following a jury trial, of possession of a firearm in violation of 18 U.S.C.App. § 1202(a)(1). 1 At trial, the Government introduced a Bureau of Alcohol, Tobacco and Firearms (BATF) tracer form to show the weapon’s movement in or connection with interstate commerce — a statutory element of the offense with which Mr. Houser was charged. The form was admitted into evidence over defense objections that it was inadmissible hearsay. The propriety of the District Court’s admission of that…