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United States v. Lovato, 950 F.3d 1337 (10th Cir. Feb. 27, 2020)

Feb 27, 2020

In affirming the defendant’s convictions for being a felon in possession of a firearm, the Tenth Circuit upheld the district court’s admission of a 13-minute 911 call under the present sense impression exception to the rule against hearsay.  The court concluded that it was not necessary to examine each statement within the call to address credibility concerns because the caller was a disinterested observer; no substantial change in circumstances occurred during the call; and the caller provided his full name, phone number, and address during the call.  The court further concluded that the statement was sufficiently contemporaneous to qualify as a present sense impression.