United States v. Lentz

OPINION

MICHAEL, Circuit Judge.

The government takes this interlocutory appeal to challenge the district court’s in limine determination that six statements made to others by the missing victim in a federal Mdnapping and murder case are inadmissible. The court affirms by a divided vote.

I conclude that the district court did not abuse its discretion in deciding that the statements are excludable under Federal Rule of Evidence 403 because their probative value is substantially outweighed by the danger of unfair prejudice. Judge Traxler has written a separate opinion concurring in the judgment to…