United States v. Tyler

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-4626 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ERIK G. TYLER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CR-00-121-AW) Submitted: December 20, 2000 Decided: January 8, 2001 Before WILKINS, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. James Wyda, Federal Public Defender, Beth M. Farber, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant. Lynne A. Battaglia, United States Attorney, Steven M. Dettelbach, As- sistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Eric G. Tyler appeals his conviction for possession of a fire- arm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (West Supp. 2000). We affirm. Tyler contends that the district court erred by excluding photographic evidence presented by defense counsel. “[D]ecisions regarding the admission and exclusion of evidence are peculiarly within the province of the district court, not to be reversed on appeal absent an abuse of discretion.” United States v. Ellis, 121 F.3d 908, 926 (4th Cir. 1997) (citation omitted). We have reviewed the record and briefs and find that the dis- trict court did not abuse its discretion by excluding the photo- graph. Accordingly, we affirm Tyler’s conviction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2