211186P.pdf   03/17/2022  United States  v.  Devion Cumbie
   U.S. Court of Appeals Case No:  21-1186
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Loken, Author, with Shepherd and Stras, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in refusing 
   to admit a text message "confession" a government witness supposedly sent 
   defendant's girlfriend, as the record supported the district court's 
   conclusion that the message was overwhelmingly unreliable; further, this 
   extrinsic evidence lacked probative value and was not relevant under Rule 
   401; nor did the court abuse its discretion in limiting defendant's use of 
   the evidence under Rule 613(b) as it did not prevent his assertion of his 
   defense that someone else committed the crime; Batson claim rejected; 
   while a juror overheard defendant threaten a witness following his 
   testimony, there was no evidence of premature deliberation or prior bias, 
   and the district court did not abuse its discretion in denying defendant's 
   motion to strike the juror and replace her with an alternate.