082111P.pdf   06/03/2009  United States  v.  Larry Jongewaard
   U.S. Court of Appeals Case No:  08-2111
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Gruender, Author, with Murphy and Riley, Circuit Judges]
   Criminal case - criminal law. Under 18 U.S.C. Sec. 875(c), the
   government is not required to allege in the indictment or prove at trial
   that the relevant interstate communications were made to effect some
   change or achieve some goal through intimidation; district court did not
   abuse its discretion in allowing the government to introduce evidence of a
   prior threat against the victim, as the incident was admissible under Rule
   404(b) because it was relevant evidence regarding defendant's motive
   and intent; court did not abuse its discretion in overruling defendant's
   hearsay objection to testimony concerning the call in which he made the
   threat as it was admissible under the excited utterance exception to the
   hearsay rule.