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8th Circuit decides N.D. case: July 21 Thursday, July 21, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Richardson, the court held that officers had probable cause to arrest defendant because the totality of the circumstances at the time of his arrest was sufficient to lead a reasonable person to believe defendant had committed the offense of indecent exposure; further, officers properly searched defendant's person and vehicle incident to his arrest, and a firearm and ammunition seized during the searches were admissible; in this felon-in-possession prosecution, the district court did not abuse its discretion in admitting evidence about defendant's six prior felony conviction where defendant did not stipulate he was a felon and the jury was properly instructed on the use of the evidence; no error in admitting evidence about defendant's indecent exposure, including a surveillance video, and his sex-offender and probation status, as the evidence helped explain the basis for the investigation and arrest; whether North Dakota robbery qualifies as a crime of violence for purposes of Guidelines Sec. 4B1.2(a) did not need to be decided here, as the district court stated it would impose the same sentence without the Chapter Four sentencing enhancement.

Read the court's opinion at: