UNITED STATES DISTRICT COURT

_______________ DISTRICT OF TEXAS

[DIVISION] DIVISION

UNITED STATES OF AMERICA                  §
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[CLIENT]	                                                     §

MOTION IN LIMINE AND BRIEF:  PRIOR CONVICTIONS

	Defendant [CLIENT] files this motion in limine to prohibit the government from presenting evidence concerning [CLIENT HIS/HER] criminal record.
I.
	[CLIENT] is charged by indictment with [OFFENSE], in violation of ---U.S.C. § ---.
II.
	[CLIENT] has prior convictions.
III.
	Rule 609 of the Federal Rules of Criminal Procedure governs the admissibility of prior convictions if an individual testifies.
IV.
	[CLIENT]'s prior convictions are not crimes involving dishonesty or false statement.  See United States v. Barnes, 622 F.2d 107 (5th Cir. 1980).  Accordingly, these convictions are admissible for impeachment purposes only if their probative value outweighs their prejudicial effect to the defendant.  Fed. R. Evid. 609(a)(1).  Green v. Bock Laundry Machine Co., 490 U.S.504, 109 S.Ct. 1981 (1989).  The Court must balance these factors on the record.  United States v. Preston, 608 F.2d 626, 638 (5th Cir. 1979), cert. denied, 446 U.S. 940 (1980).  
	[CLIENT] submits that the prejudice to [CLIENT HIM/HER] of admitting the prior convictions substantially outweighs their limited probative value.  In particular these convictions have little bearing on the credibility of an individual's testimony.  On the other hand, the jury might all too easily give improper consideration to the convictions, and assume that [CLIENT] is guilty of the charge in the indictment merely because [CLIENT HE/SHE] has these prior convictions, and thus a propensity to commit the crime.
V.
	The Defendant thus submits that [CLIENT HIS/HER] prior convictions are not admissible under Rule 404 of the Federal Rules of Evidence.  Rule 404(a) prohibits proof of a defendant's character as evidence that [CLIENT HE/SHE] acted in conformity therewith.  Similarly, Rule 404(b) prohibits evidence of other crimes as evidence that [CLIENT HE/SHE] acted in conformity with such crimes.    Therefore, this conviction is not admissible under 404(b).
VI.
	Before admitting evidence under Rule 404(b), the Court must determine whether the probative value of such evidence is substantially outweighed by the potential for unfair prejudice, pursuant to Rule 403 of the Federal Rules of Evidence.  Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496 (1988).  This determination must be made on the record. United States v. Zabaneh, 837 F.2d 1249 (5th Cir. 1988); United States v. Robinson, 700 F.2d 205 (5th Cir. 1983).
VII.
	Further the Defendant states that [CLIENT HE/SHE] will stipulate to the fact that [CLIENT HE/SHE] has a prior conviction of a crime punishable by more than a year and that, therefore, the admission into evidence of the nature of [CLIENT HIS/HER] prior conviction will only serve to prejudice the jury against the defendant.
	Defendant further represents that the probative impeachment value of admitting [CLIENT HIS/HER] prior convictions does not outweigh the prejudicial effect their admission will cause.  Fed. R. Evid. 609(a).
	WHEREFORE, defendant requests this Court to prohibit the government from presenting any evidence of [CLIENT HIS/HER] prior convictions.
						
						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 

CERTIFICATE OF SERVICE

	I, [AFPD], hereby certify that on this the ____ day of [MONTH, YEAR],  a copy of the foregoing motion was hand delivered to the United States Attorney's Office __________________________________.

							Attorney for Defendant

UNITED STATES DISTRICT COURT

_________________ DISTRICT OF TEXAS

[DIVISION] DIVISION

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[CLIENT]	                                                     §

ORDER

	On this the      day of                      , 20____, the court heard the defendant's Motion in Limine concerning Prior Convictions.
	IT IS ORDERED that the prosecutor shall not present any evidence of defendant [CLIENT]'s prior convictions unless and until the Court shall instruct otherwise.
	SIGNED this the      day of               , 20_____.

							UNITED STATES DISTRICT JUDGE