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091036P.pdf   01/05/2010  United States  v.  Peter James Smith
   U.S. Court of Appeals Case No:  09-1036
   District of North Dakota - Fargo   
   [PUBLISHED] [Gruender, Author, with Riley and Smith, Circuit Judges]
Criminal case - criminal law. The government properly authenticated a DVD of the victim's forensic interview for admission under Rule 901; DVD was admissible under Rule 807 and U.S. v. Thunderhorse, 370 F.3d 745 (8th Cir. 2004); admission of the DVD did not violate Rule 611(b), as the matters discussed in the interview were not beyond the scope of defendant's direct examination of the forensic examiner; examiner was qualified to give her lay opinion based on her examination and personal knowledge and experience, and admission of her testimony was proper under Rule 701.