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151904P.pdf 03/08/2016 United States v. Buck Otto White
U.S. Court of Appeals Case No: 15-1904
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Gruender, Author, with Wollman and Beam, Circuit Judges]
Criminal Case - conviction and sentence. District court did not abuse its
discretion in admitting other crimes evidence showing that White possessed
other stolen items in his storage unit and car, as the admission met the
requirements under Rule 404(b). The evidence was probative of a material
issue other than character, the evidence was similar in kind and not
overly remote in time, sufficient evidence was presented to support that
the prior acts had occurred, and resulting prejudice did not outweigh
probative value. One-week notice of intent to introduce the evidence of
other stolen items found in White?s storage unit was reasonable under
the circumstances. Sufficient evidence was presented from which jury could
concluded that White knowingly possessed firearms and ammunition, as he
had control over the storage unit and knowledge of its contents and
ammunition was found in his home, and that he knew or had reasonable cause
to believe they were stolen. District court did not clearly err in finding
evidence supported enhancement under USSG sec. 2K2.1(b)(6)(B). Sentence,
in which district court varied downward, was not substantively
unreasonable and district court did not abuse its discretion.