153078P.pdf   09/08/2016  United States  v.  Corey Vampelt Fogg
   U.S. Court of Appeals Case No:  15-3078
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Bright and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   abuse its discretion by excluding evidence that an arresting officer had 
   been accused in the past of using excessive force as the court's ruling 
   did not prevent defendant from presenting his defense theory that the 
   police planted a weapon to cover up their use of excessive force; 
   defendant's prior Minnesota conviction for a drive-by shooting qualified 
   as an Armed Career Criminal Act predicate offense as a review of his 
   guilty plea in the case reveals he was convicted of firing at or towards a 
   person and thus his conviction involved the use of force against the 
   person of another; further the conviction required a mens rea of 
   recklessness and qualified as a predicate offense. Judge Bright, 
   concurring in part and dissenting in part.