United States v. Cecil Robinson

MANSFIELD, Circuit Judge:

Following a decision by a panel of this court reversing appellant’s conviction of bank robbery, see 544 F.2d 611, we granted rehearing of this appeal en banc in order to consider the recurring questions of when evidence of a defendant’s possession of a weapon at the time of arrest may properly be admitted under Rule 403 of the Federal Rules of Evidence (“FRE”)1 and what standard of review is to be applied in reviewing the trial court’s exercise of discretion in balancing the probative value of such evidence against its prejudicial effect. We vacate the panel judgment…