No. 20-2378 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jami Walking Bull, also known as Jaime Walking Bull, also known as Jamie Walking Bull

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota - Western ____________

Submitted: May 14, 2021 Filed: August 10, 2021 ____________ Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges. ____________ SMITH, Chief Judge.

A jury convicted Jami Walking Bull of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Walking Bull appeals his conviction. He challenges several of the district court’s1 rulings and argues that there

1 The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota. was insufficient evidence to support the jury’s finding that he knew he was a prohibited person within the meaning of 18 U.S.C. § 922(g)(1). We affirm.

I. Background In April 2019, a Rapid City Police officer was dispatched to a bowling alley following a report of an intoxicated person. On the scene, she encountered Walking Bull, who appeared to be intoxicated and was leaning against a building. While speaking with Walking Bull, the officer performed a records check and learned that there was an active warrant for his arrest. She placed him under arrest and discovered a handgun in his pocket.

The government charged Walking Bull with being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Walking Bull had a prior felony conviction in South Dakota for possession of methamphetamine. Walking Bull pleaded guilty to that offense in 2002 and, at his initial sentencing, received a suspended imposition of sentence with credit for time served, plus three years of probation. When his probation was revoked in 2003, the state trial court resentenced him to 4 years’ imprisonment, to be suspended on the condition that he serve 180 days in jail, plus an additional 4 years of probation. Walking Bull’s probation was revoked again in 2008. The state trial court resentenced him to 4 years’ imprisonment, with one year suspended and a credit of 356 days.

Walking Bull’s federal trial for the firearm charge was scheduled for October 24, 2019. The district court ordered the parties to provide the court with expert notices and reports by September 13, 2019, and copies of trial exhibits by September 27, 2019.

At the pretrial conference, on October 4, 2019, the government stated that it had provided the defense with all the discovery it had in its possession. On October 14, 2019, the government requested Walking Bull’s recorded phone calls from jail.

-2- The government copied and sent the recordings to the defense on October 17, 2019. Of the 19 calls, the government identified two that it might offer at trial: (1) Exhibit 9, which it would offer only if Walking Bull testified; and (2) Exhibit 10, a call from October 13, 2019, during which Walking Bull said, “I f**ked up, f**ked up, hope I beat it, though.” Mot. Hr’g Tr. at 7, United States v. Walking Bull, No. 5:19-cr-50067-JLV-1 (D.S.D. 2019), ECF No. 122.

On October 22, 2019, Walking Bull filed a motion in limine to exclude the jail calls. He argued that the government violated its discovery obligations under Federal Rule