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Conviction for assault and discharging a firearm during a crime of violence is affirmed where: 1) the trial court did not abuse its discretion in denying defendant's motion for a mistrial as even assuming arguendo that the court's comment during voir dire was potentially prejudicial, there was no evidence that the trial's overall fairness was impacted by the court's passing comment; 2) the evidence was sufficient to support defendant's conviction for assault with a deadly weapon and knowingly discharging a firearm during and in relation to a crime of violence; 3) the court carefully reviewed the evidence concerning the victims' prior bad acts, and the court did not err in excluding some of the incidents as cumulative; and 4) the court did not err in refusing to allow defendant to impeach a witness with a prior statement as the statement was on a collateral matter and was not admissible under Federal Rule of Evidence 613(b).
Appeal from the United States District Court for the District of South Dakota
Submitted: February 11, 2009
Filed: July 7, 2009
Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.
Opinion by GIBSON, Circuit Judge.
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