222604P.pdf   08/10/2023  United States  v.  Montgomery Lebeau
   U.S. Court of Appeals Case No:  22-2604
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The district court did not 
   err in admitting recordings of the 911 call that caused police to respond 
   as they were highly probative, as they tended to show defendant possessed 
   a firearm and provided context in which the alleged firearm possession 
   occurred; the district court minimized the risk of unfair prejudice by 
   giving a cautionary instruction on use of the recordings; the court did 
   not err in admitting the caller's testimony as it was not needlessly 
   cumulative of the recordings and went to the ultimate issue in the case - 
   defendant's possession of the firearm; the district court did not plainly 
   err in refusing to make the sentence in this case concurrent to any future 
   sentence defendant received in a related assault case, as the under the 
   current law, it was not obvious that the state term was "anticipated" as 
   required by Sec. 5G1.3(c) of the Guidelines; defendant's sentence was not 
   substantively unreasonable.