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8th Circuit decides N.D. case Wednesday, October 7, 2020

The United States Court of Appeals for the Eighth Circuit has affirmed the conviction and sentence in a North Dakota firearms case. The court decided that the evidence was sufficient to support defendant's convictions for being a felon in possession of ammunition and a firearm as the evidence showed defendant knowingly possessed the weapon and ammunition; no error in admitting a pawn ticket showing defendant had pawned a weapon four months earlier as it went to show knowledge and intent to possess; further, the district court gave a limiting instruction diminishing any prejudicial effect of the evidence; no error in admitting a dashcam video showing defendant escaping from an officer, as flight was evidence of consciousness of guilt; again, the district court's careful instruction on the matter lessened the potential for any prejudicial effect; defendant's Wisconsin conviction for armed robbery and North Dakota conviction for conspiracy to deliver ecstasy were qualifying offenses for Armed Career Criminal Act sentencing.

Read the court's opinion at: