United States v. Charles Blue Bird

Although I agree in toto with the court’s substantive legal analysis and the conclusions that it reaches, I write separately to note my disagreement with the standard of review that the majority adopts for the first time in this case. In holding that a district court’s application of most rules of evidence is reviewed de novo, the majority disregards a long line of cases from this circuit which holds that such determinations are reviewed only for an abuse of discretion. See, e.g., United States v. Manfre, 368 F.3d 832, 837 (8th Cir.2004) (Rule 801(d)(2)(E)); United States v. Evans, 272 F.3d…