United States v. Richardson, No. 23-1179 (8th Cir. 2024)
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The case concerns the defendant, Roylee Richardson, who was convicted by a jury for witness tampering and possessing a firearm as a felon. After his arrest for attacking his then-girlfriend and shooting at her would-be rescuer, Richardson made several recorded jailhouse calls attempting to persuade her to recant her testimony or refuse to testify. The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision, finding that there was sufficient evidence to support Richardson's conviction on both counts of witness tampering.
The court explained that witness tampering involves two elements: knowingly intimidating, threatening, or corruptly persuading another person, and intending to influence, delay, or prevent another's testimony in an official proceeding. The court found that Richardson's actions met these elements. In the calls, he attempted to corruptly persuade his ex-girlfriend to lie or refuse to testify, and he feared the impact her testimony would have on his case, demonstrating his intent to influence her testimony.
Furthermore, the court addressed Richardson's argument about the admission of his multiple prior felony convictions. The court noted that one element of a felon-in-possession charge requires the possessor to have a prior felony conviction. Richardson refused to formally admit his prior felony convictions, thereby necessitating the government to prove this element. The court found that the government appropriately presented evidence of his multiple prior felony convictions to establish that Richardson was a felon and was aware of his status as a felon at the time. The court concluded there was no abuse of discretion in the government's introduction of multiple prior convictions and three mug shots as evidence. Therefore, the court affirmed the judgment of the district court.
Court Description: [Stras, Author, with Gruender and Kobes, Circuit Judges] Criminal case - Criminal law. Sufficient evidence supported defendant's convictions for witness tampering and possession of a firearm as a felon; where defendant refused to enter an Old Chief stipulation as to his prior felony conviction, the government was entitled to introduce multiple felony convictions to prove defendant was a felon and knew it.
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