United States v. First Smoke

MEMORANDUM ***

LeeAnn First Smoke appeals from the judgment entered following her conviction by a jury of two counts of involuntary manslaughter pursuant to 18 U.S.C. §§ 1153 (a) and 1112. She contends that the district court abused its discretion, pursuant to Rule 403 of the Federal Rules of Evidence, by denying her motion to exclude evidence that tests revealed that she had consumed alcohol prior to the automobile accident that resulted in the death of two persons. We affirm because we conclude that the district court did not abuse its discretion in concluding that the probative value of the results of the blood alcohol test outweighed its prejudicial effect in corroborating the testimony of prosecution witnesses, who had also been drinking, that they observed First Smoke driving under the influence of alcohol.

I

First Smoke contended at trial that the fact that she was tested for blood alcohol over two hours after the accident was not relevant to establish that she was committing the crime of driving under the influence of alcohol when the deaths occurred. She also argued that evidence of her blood alcohol test results should be excluded under Federal Rule of Evidence 403.…