United States v. Conner, No. 18-1032 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for Hobbs Act robbery, brandishing a firearm during and in relation to a crime of violence, and unlawful possession of a firearm as a previously convicted felon. The court held that the district court did not abuse its discretion by admitting a video of defendant wearing clothing worn by the person who committed the armed robbery, because the evidence was relevant and tended to make it more probable that defendant committed the robbery. Therefore, the evidence was properly admitted as relevant non-character evidence under Federal Rule of Evidence 401 and 402. Likewise, still photos showing defendant wearing the clothing were properly admitted. The court also held that a Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. 924(c). Consequently, the district court did not err by denying defendant's motion to dismiss the charge of brandishing a firearm during and in relation to a crime of violence.