Criminal Law-Robbery-Exclusion of Evidence-Prior Bad Acts

Defendant appealed his conviction for attempted interference with commerce by robbery, attempted possession with intent to distribute and carrying a firearm during a drug trafficking crime, stemming from a failed drug deal where defendant shot and killed another individual. On appeal, defendant challenged the exclusion of his paramour’s state court deposition and a portion of an eyewitness’s testimony. Defendant also challenged the admission of evidence of his history of domestic violence involving his paramour.

Where the district court found that the witness’s testimony lacked indicia of reliability or sought to introduce statements from another individual who was not unavailable to testify, there was no error in limiting the testimony, and the domestic violence evidence was admissible in the context of proving that defendant planned the shooting.

Judgment is affirmed.

U.S. v. Sando (MLW No. 84788/Case No. 25-1065 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (Alexander David Smith, Des Moines, IA for appellant) (Kyle P. Hanson, AUSA, Des Moines, IA for appellee)