United States v. Recio, No. 17-4005 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed the district court's admittance into evidence a Facebook post where defendant quoted a rap lyric. The court held that the facts were sufficient for a jury to infer that defendant adopted the rap lyric as his own statement; the post was relevant because it indicated that defendant had carried a gun for self-protection; the risk of unfair prejudice did not substantially outweigh the probative value of the Facebook post; the government properly authenticated the post; and the post was direct evidence of the crime charged, not impermissible evidence of other acts. The court also held that even if the district court erred in admitting the post, any error was harmless. The court rejected defendant's contention that the district court erred in refusing to grant a mistrial and instead instructing the jury to continue its deliberations.