181032P.pdf   05/09/2019  United States  v.  Zachery  Conner
   U.S. Court of Appeals Case No:  18-1032
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Colloton, Author, with Shepherd and Stras, Circuit Judges] 
   Criminal case - Criminal law. No error in admitting a video taken three 
   weeks before the robbery showing defendant wearing clothing worn by the 
   person who committed the armed robbery in question as the evidence was 
   relevant and tended to make it more probable that defendant committed the 
   robbery; under the circumstances, the exhibit was properly admitted as 
   relevant non-character evidence under Rules 401 and 402; similarly, still 
   photos showing defendant wearing the clothing were properly admitted as 
   relevant to the issue of identity; further the court gave a limiting 
   instruction telling the jurors they should not conclude defendant was not 
   more likely to have committed the crime simply because of his previous 
   interaction with the police when the pictures and video were taken; a 
   Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. Sec. 
   924(c), and the court did not err in denying defendant's motion to dismiss 
   the charge of brandishing a firearm during and in relation to a crime of 
   violence.