United States of America v. Eric F. Oelkers

This disposition isn’t appropriate for publication and isn’t precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC F. OELKERS,
Defendant - Appellant.
No. 12-30018
D.C. No. 3:10-cr-00185-BR-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Argued and Submitted May 10, 2013
Portland, Oregon
Before: KOZINSKI, Chief Judge, BERZON and HURWITZ, Circuit
Judges.
In the unlikely event that the district court erred in admitting the form
indicating that the gun Oelkers was charged with possessing had the same serial
number as one purchased by his uncle, the error was harmless. Not only did
FILED
MAY 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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page 2
Oelkers never dispute at trial that his uncle owned the gun, his own theory of the
case was that his girlfriend got the gun from his uncle and framed him with it.
Moreover, the uncle himself testified that the gun was his, and, as the investigating
detective testified, the gun was an unusual model that she’d never seen on the
street before.
AFFIRMED.

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