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UNITED STATES of America, Plaintiff-Appellee, v. Erik G. TYLER, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-01-08No. No. 00-4626
1 F. App'x 140

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Opinion

majority opinion

PER CURIAM.

Eric G. Tyler appeals his conviction for possession of a firearm 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]eci-sions 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.Bd 908, 926 (4th Cir.1997) (citation omitted).

We have reviewed the record and briefs and find that the district court did not abuse its discretion by excluding the photograph. 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.