222539P.pdf   08/09/2023  United States  v.  Darnell  Dunn
   U.S. Court of Appeals Case No:  22-2539
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Criminal case - Criminal law and Sentencing. The district court correctly 
   declined to admit a co-defendant's testimony from his plea hearing under 
   Fed. R. Evid. 804(b)(1); nor did the court err in finding the statements 
   the co-defendant made were neither corroborated nor credible and should 
   not be admitted under Rule 804(b)(3); the statements were not admissible 
   under Rule 807 as they were not supported by corroborating circumstances 
   indicating their trustworthiness; the district court did not err in 
   permitting the government to cross-examine defendant about his gang 
   affiliation as that evidence was intrinsic to the crime charged and not 
   subject to exclusion under Rule 404(b); further, the evidence was 
   admissible under Rule 403 as its probative value outweighed any unfair 
   prejudice; Second Amendment challenge to the felon-in-possession statute 
   rejected; defendant had three prior violent felonies as determined by the 
   district court, and the district court did not err in sentencing him as an 
   armed career criminal.