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United States v. Recio

United States Court of Appeals for the Fourth Circuit
884 F.3d 230 (2018)

Written by Nathan Benedict, JD

Facts

Larry Recio (defendant) was charged with being a felon in possession of a firearm. At trial, the prosecution introduced a Facebook post from Recio stating: “It’s Always Tucked, Kuz I’ll B Damn If My Life Get Took!!” Although Recio did not use quotation marks or attribute the line to a source, it closely resembled lyrics from the rap song “Get It in the Blood” by Bloody Jay. Recio objected based on relevance and alternatively argued that the probative value of the evidence was substantially outweighed by the danger of unfair prejudice. The court admitted the evidence, and Recio was convicted. He appealed, arguing that the posted lyrics were not relevant and were unduly prejudicial.

Rule of Law

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Issue

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Holding and Reasoning (Motz, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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