201128P.pdf   07/29/2021  United States  v.  Kevin Lamm
   U.S. Court of Appeals Case No:  20-1128
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Kobes, Author, with Shepherd and Stras, Circuit Judges] 
   Criminal case - Criminal law. The government may authenticate social media 
   evidence with circumstantial evidence linking the defendant to the social 
   media account, and the evidence the government produced, such as linking 
   defendant's cell phone to both accounts and showing that images from 
   defendant's Facebook account appeared in the false identity Facebook 
   account, provided a rational basis for the district court to pass the 
   question of authentication to the jury; Facebook messages between 
   defendant's accounts and other participants in the creation and 
   distribution of the child pornography were admissible even though neither 
   of the senders testified at trial; the messages were admitted to show 
   context for defendant's responses and not for the truth of the matters 
   asserted or to show defendant received child pornography; the district 
   court did not abuse its discretion by refusing defendant's request for 
   hybrid representation.