| Defendant appealed his conviction and sentence for assault with a dangerous weapon, assault resulting in serious bodily injury; and discharge of a firearm during the commission of a crime of violence. The Eighth Circuit affirmed the district court's evidentiary rulings where the district court's admission of the challenged 911 call did not violate defendant's confrontation right because the call was not testimonial in nature; the district court did not abuse its discretion in admitting the call over defendant's Federal Rule of Evidence 403 objection; and the district court did not abuse its discretion in deciding that the probative value of the challenged 911 call was not substantially outweighed by the risk of unfair prejudice. Furthermore, any prejudice stemming from the reference to the victim owing defendant money for marijuana did not substantially outweigh the value of the testimony as part of the res gestae of the crime. The court also held that there was no error in denying defendant's proposed limiting instruction, and there was no error in imposing two of the supervised release conditions. However, the court vacated the district court's condition prohibiting defendant from consuming alcohol or visiting establishments that primarily serve alcohol. In this case, the court failed to explain its basis for the condition, defendant's offense did not involve alcohol, and the record did not show that he was alcohol or drug dependent. Accordingly, the court affirmed in part, vacated in part, and remanded. |
