DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

043307P.pdf   09/26/2005  United States  v.  Delano Koski
   U.S. Court of Appeals Case No:  04-3307
   District of South Dakota   
   [PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges] 
   Criminal case - criminal law. In this prosecution for mailing threatening 
   communications, the district court did not err in admitting evidence of a 
   prior conviction for mailing threats, as the evidence was relevant, the 
   conviction was not stale, and the court properly guided the jury's 
   consideration of the evidence by a limiting instruction telling them the 
   evidence should only be considered on the issues of defendant's 
   knowledge, lack of mistake and intent; evidence was sufficient to support 
   conviction for mailing a threat to the South Dakota Attorney General. 
   Judge Bye, concurring in part and dissenting in part.