United States v. Dupree, No. 11-5115 (2d Cir. 2013)
Annotate this CaseThis case stemmed from defendant's arrest for bank fraud. The government appealed the district court's denial of its motion in limine to admit a state court temporary restraining order as evidence against defendant. The court held that, because the government was seeking to admit the state court order for a non-hearsay purpose and because the district court's analysis pursuant to Federal Rule of Evidence 403 did not account for the order's probative value if offered to show knowledge, the court vacated the district court's order and remanded for further proceedings.
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