DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212741P.pdf 07/21/2022 United States v. LaSamuel Richardson, III
U.S. Court of Appeals Case No: 21-2741
U.S. District Court for the District of North Dakota - Eastern
[PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. Officers had probable cause
to arrest defendant because the totality of the circumstances at the time
of his arrest was sufficient to lead a reasonable person to believe
defendant had committed the offense of indecent exposure; further,
officers properly searched defendant's person and vehicle incident to his
arrest, and a firearm and ammunition seized during the searches were
admissible; in this felon-in-possession prosecution, the district court
did not abuse its discretion in admitting evidence about defendant's six
prior felony conviction where defendant did not stipulate he was a felon
and the jury was properly instructed on the use of the evidence; no error
in admitting evidence about defendant's indecent exposure, including a
surveillance video, and his sex-offender and probation status, as the
evidence helped explain the basis for the investigation and arrest;
whether North Dakota robbery qualifies as a crime of violence for purposes
of Guidelines Sec. 4B1.2(a) did not need to be decided here, as the
district court stated it would impose the same sentence without the
Chapter Four sentencing enhancement.