United States v. Peter J. Labarbera

RONEY, Circuit Judge:

On this appeal from defendant’s four count conviction for violating the gun laws of the United States, we reverse on the ground that defendant did not receive a fair trial because of improper prosecutorial comments both during the taking of evidence and on closing argument, and because of trial error in permitting cross-examination of defendant for impeachment purposes on records of certain arrests that were neither felonies nor followed by convictions. Contrary to defendant’s argument, the evidence sufficiently supported the conviction so that a retrial is permitted. See…