U.S. v. Boyce

In prosecution on unlawful possession of firearm and ammunition charges, Dist. Ct. did not err in admitting recorded 911 telephone call from defendant’s non-testifying girlfriend that was made shortly before defendant’s arrest, where girlfriend told operator that defendant had committed battery on her just minutes before and had gun in his possession. Said statement qualified for admission as excited utterance, where girlfriend made call regarding startling event, which occurred just minutes before the telephone call while girlfriend was still under stress of battery, and where statement related to battery that defendant had just committed on girlfriend. Responding officer’s testimony that girlfriend appeared emotional also supported claim that girlfriend was still under stress of battery incident when making telephone call. Dist. Ct. additionally did not err in denying defendant’s motion to dismiss based upon language in restoration of rights letter defendant had received in 1999 after serving his murder conviction, where said letter did not cover any of defendant’s other felony convictions that had occurred prior to murder conviction.