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172216P.pdf   11/06/2018  United States  v.  Malcolm Roy Evans
   U.S. Court of Appeals Case No:  17-2216
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Stras, Author, with Benton and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Affidavit in support of search warrant was sufficient to establish probable cause to believe that defendant was the bank robber in the crime and that evidence of the robbery would be found in his motel rooms; defendant's numerous letters to the district court did not request new counsel and the district court did not err in failing to treat them as such a motion; defendant failed to make a timely objection to an in-court identification and the admission of the evidence would be judged under plain-error review; the error defendant alleges is not plain under the current state of the law; the district court did not err in barring further testimony from defendant after he willfully ignored the rules despite the court's repeated warnings to confine his testimony to relevant matters and avoid disruptive conduct and highly inflammatory comments; the district court did not err in imposing a two-level enhancement for obstruction of justice based on defendant's repeated instances of misbehavior and his final outburst (which involved jumping up on counsel table and yelling "this is bullshit), which the court concluded was intended to cause a mistrial. Judge Kelly, concurring in part and dissenting in part.