United States v. Rembert

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Defendant appealed his conviction and sentence for firearm possession and possession of crack cocaine with intent to distribute. The court concluded that the district court did not abuse its discretion by admitting a Facebook video showing defendant holding a firearm because it was relevant and the potential prejudice did not substantially outweigh its probative value; the handling of the firearm in the video was nearly identical to the manner in which defendant would have handled the firearm found in the vehicle based on the placement of his prints; the video was not overly remote in time; defendant's use of foul language in the video and the video's caption did not make the video unfairly prejudice in light of the district court's limiting instruction; and defendant's claim that the revocation of his Extended Juvenile Jurisdiction (EJJ) for Minnesota aggravated robbery does not constitute an "adult conviction" for purposes of the career-offender enhancement was foreclosed by United States v. Nash. Accordingly, the court affirmed the judgment. View "United States v. Rembert" on Justia Law