United States v. Boman, No. 14-3312 (8th Cir. 2016)
Annotate this CaseDefendant appealed his conviction and sentence for possessing a firearm and ammunition as a felon. The court concluded that the district court did not abuse its discretion in denying the admissibility of the reverse F.R.E. 404(b) evidence regarding the victim's prior criminal conviction; the district court did not abuse its considerable discretion in deciding that defendant's proffered evidence regarding motive and bias against defendant was inadmissible under Rule 403; the district court did not abuse its discretion in admitting the victim's 911 call under the excited utterance exception of Rule 803(2); and the district court did not err in applying a four-level enhancement under USSG 2K2.1(b)(6)(B). Accordingly, the court affirmed the conviction and sentence.
Court Description: Melloy, Author, with Murphy and Smith, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in excluding the introduction of "reverse" Rule 404(b) evidence relating to the criminal conviction of the victim; the court did not err in excluding, under Rule 403, evidence relating to the victim's motive and bias against defendant; the victim's 911 call was admissible under the excited utterance exception to Rule 803(2); defendant was properly classified as an armed career criminal under 18 U.S.C. Sec. 924(e); the district court did not err in applying a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B) based on its determination that defendant possessed the firearm in connection with the Iowa felony offense of Intimidation with a dangerous weapon.
The court issued a subsequent related opinion or order on October 20, 2017.
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