United States v. Estes, No. 19-2111 (1st Cir. 2021)
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The First Circuit affirmed the decision of the district court granting the government's motion in limine to admit a recording of a 911 call placed by Defendant's girlfriend, holding that the Confrontation Clause was not implicated and that the district court did not abuse its discretion in applying a hearsay exception.
Defendant was indicted for possessing a stolen firearm and being a felon in possession of a firearm. Prior to trial, the government filed a motion in limine seeking to introduce the 911 recording without calling Defendant's girlfriend as a witness. The district court granted the motion. Defendant then entered a conditional guilty plea, reserving his right to appeal the district court's order granting the motion. The First Circuit affirmed, holding that the Confrontation Clause was not implicated by the non-testimonial statements and that the district court did not abuse its discretion in admitting the 911 recording.
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