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141241P.pdf   07/07/2015  United States  v.  Brandy Lemons
   U.S. Court of Appeals Case No:  14-1241
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. In action alleging defendant had fraudulently obtained Social Security disability benefits, the district court did not err in admitting material from defendant's Facebook page without omitting comments from third persons as the comments were part of defendant's conversations and made her responses intelligible to the jury and recognizable as admissions; while there is a hearsay issue present, defendant did not raise such an objection, limiting her objections to the district court to relevancy and prejudice; considering the record as a whole, the mistaken admission of hearsay on the Facebook page did not affect any substantial right and did not warrant a reversal; the court did not err in permitting the Hearing Office and ALJ to testify as lay witnesses regarding defendant's disability; district court did not abuse its discretion by refusing to take notice of the Social Security Administration's regulations on overpayment; the district court did not err in calculating the intended loss as the amount defendant would have received had the fraud continued until she was 62 as there was sufficient evidence to show she intended to keep collecting disability benefits until she reached age 62.