082451P.pdf   05/26/2010  United States  v.  Tyrone Oaks
   U.S. Court of Appeals Case No:  08-2451
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Bye, Author, with Wollman and Melloy, Circuit Judges]
   Criminal case - criminal law and sentencing. Under the circumstances,
   the district judge did not abuse his discretion by denying defendant's
   motion for recusal after the judge became aware defendant had made
   threats against the judge; jury instruction concerning defining
   "knowingly" was not erroneous; no error in admitting Rule 404(b)
   evidence of a prior conviction for aggravated robbery, as evidence of
   knowing possession of a firearm on a previous occasion was relevant to
   show knowledge and intent; limits on cross-examination of a government
   witness were not an abuse of discretion; appointment of substitute
   counsel did not violate defendant's Sixth Amendment rights; defendant
   failed to object to information in his presentence report, and the court was
   entitled to treat the information as true for sentencing purposes; evidence
   was sufficient to support defendant's conviction for being a felon in
   possession of a firearm; evidence was sufficient to establish defendant
   was an armed career criminal; although the court erred in treating a
   Michigan conviction for unlawfully driving away an automobile as a
   predicate felony under the Armed Career Criminal Act, the error was
   harmless as defendant had three other felony convictions which did
   qualify as predicates and thus qualified for sentencing under the
   provisions of the Act.