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                        as a courtesy to the reader. They are not part of the opinion of the court.

091818P.pdf   07/12/2010  United States  v.  Robert L. Erickson
   U.S. Court of Appeals Case No:  09-1818
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Wollman, Author, with Melloy and Shepherd,
   Circuit Judges]
   Criminal case - criminal law. While the admission of a telephone
   statement to a police dispatcher was error because the statement did not
   qualify as an excited utterance under the hearsay rule, the error in
   admitting the statement was harmless in light of the overwhelming
   evidence of defendant's guilt; district court did not err in denying motion
   to sever the assault charges as they were of similar nature and were in
   spatial and temporal proximity; the denial of the motion was not an abuse
   of the court's discretion.