Case Explained: United States of America v. Baling N. Dat

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-09

The Eighth Circuit affirmed the criminal convictions and sentences of Baling N. Dat, Dilang Dat, and Jany Jock. The court held that the district court did not err in denying motions to suppress the search warrant, which was supported by probable cause based on a citizen’s tip corroborated by a lawful trash pull revealing marijuana residue, drug paraphernalia, and ammunition. The court further ruled that the denial of Baling Dat’s motion for severance was proper, as he failed to demonstrate severe prejudice from the joint trial where evidence against co-defendant Jock regarding his mens rea was necessary to prove the conspiracy. Regarding the admission of Exhibit 128, a PowerPoint summary of cell phone data, the court found no abuse of discretion under Federal Rule of Evidence 1006, noting the underlying data had been provided years prior and the defendants failed to request a continuance. The text messages within the exhibit were admissible as non-hearsay co-conspirator statements under Rule 801(d)(2)(E) supported by independent evidence of a conspiracy, and as intrinsic evidence under Rule 404(b). The court also determined that while general gang-related testimony regarding the Trip Set gang was somewhat irrelevant, its admission did not constitute plain error because it did not affect the defendants’ substantial rights given the overwhelming independent evidence of guilt. Finally, the court affirmed the sufficiency of the evidence supporting the convictions and upheld the sentences, rejecting arguments regarding sentencing guideline enhancements, upward variances based on the defendants’ dangerousness and lack of remorse, and the substantive reasonableness of Dilang Dat’s supervised release revocation sentence.

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