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U.S. v. GRAVES

No. 13-2356.

756 F.3d 602 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Brian Gordon GRAVES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 25, 2014.

Attorney(s) appearing for the Case

Katherine M. Menendez , AFPD, argued, Minneapolis, MN, ( Reynaldo A. Aligada, Jr. , on the brief), for Appellant.

Jeffrey S. Paulsen , AUSA, argued, Minneapolis, MN, for Appellee.

Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges.

SHEPHERD, Circuit Judge.

A jury convicted Brian Gordon Graves of Assault with a Dangerous Weapon and Domestic Assault by an Habitual Offender. At the trial and over Graves' objections, the district court1 permitted the government to introduce, as an excited utterance under Federal Rule of Evidence 803(2), statements the alleged victim made to a police officer on the night of the incident. Graves now appeals his conviction, arguing the...

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