United States v. Constantine
2012 U.S. App. LEXIS 6137
8th Cir.2012Background
- St. Paul police conducted a sting to arrest Constantine for illegal firearm possession related to a handgun sale to Vall.
- A gun was found in the car; initial police report stated it was on the floor, but later testimony claimed it was under the passenger seat.
- Officer Kough testified last-minute about Constantine digging around to conceal or retrieve something from the area under the seat.
- Constantine’s counsel did not know about Kough’s anticipated testimony before it was introduced at trial.
- Constantine moved to strike or declare a mistrial after Kough testified; the district court denied the motions.
- Constantine was convicted as a felon in possession and later sentenced under 18 U.S.C. § 924(e)(1) due to prior burglaries, totaling five qualifying convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disclosure of witness testimony prejudice | Constantine argues undisclosed testimony prejudiced defense. | Government contends no automatic disclosure right and no substantial prejudice. | No reversible error; ample cross-examination and defense opportunity. |
| Admission of Kough's testimony | Kough's excited utterance should be excluded due to disclosure fail. | Testimony admits as excited utterance and admissible under Rule 403 balancing. | Admissible; district court acted within discretion. |
| Sentence under § 924(e)(1) | Constantine contends burglary convictions should not count as violent felonies for § 924(e). | Burglary, including commercial burglary, qualifies as a violent felony under § 924(e)(2)(B)(ii). | Affirmed; Minnesota third-degree burglary qualifies as violent felony. |
Key Cases Cited
- United States v. Hyles, 479 F.3d 958 (8th Cir. 2007) (harmless-error review standard for evidentiary rulings)
- United States v. White, 750 F.2d 726 (8th Cir. 1984) (no automatic Rule 16 disclosure right in noncapital cases)
- United States v. Krohn, 558 F.2d 390 (8th Cir. 1977) (time to utilize new information and continuance as remedies)
- United States v. Washington, 318 F.3d 845 (8th Cir. 2003) (absence of prejudice; need for ample cross-examination)
- United States v. Barnes, 486 F.2d 776 (8th Cir. 1973) (ample opportunity to cross-examine suffices for harmlessness)
- United States v. Banks, 553 F.3d 1101 (8th Cir. 2009) (deference to district court's Rule 403 balancing)
- United States v. Blahowski, 324 F.3d 592 (8th Cir. 2003) (burglary categorization includes commercial burglaries)
- United States v. Hascall, 76 F.3d 902 (8th Cir. 1996) (interpretation of violent felony for § 924(e))
- United States v. Sonczalla, 561 F.3d 842 (8th Cir. 2009) (Minnesota third-degree burglary qualifies as violent felony)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (definition of violent felony for § 924(e) context)