Background
Justin Schneider was convicted of assaulting Rayce Hoisington by striking and beating him. The incident occurred after a history of conflict on the Standing Rock Indian Reservation, including an earlier shooting incident where Schneider was injured and a subsequent incident where a fuel tank near Hoisington’s father’s house was shot. The government introduced evidence of the fuel tank shooting under Federal Rule of Evidence four zero four B to prove intent and negate self-defense.
The court’s reasoning
The court held that a reasonable jury could find by a preponderance of the evidence that Schneider shot the fuel tank based on his motive, the timing, and his apology to Hoisington’s sister. The court found the district court did not abuse its discretion in admitting this evidence. However, the court found plain error in the sentencing because the statutory maximum for the assault was one year, yet Schneider had been in custody for more than four hundred days. Imposing a time-served sentence in this context was illegal and prejudiced Schneider’s substantial rights because it prevented the Bureau of Prisons from crediting time against his other convictions.
Because a reasonable jury, based on these facts, could find that Schneider shot the fuel tank, the district court did not abuse its discretion in admitting the evidence.
United States v. Schneider, 25-1229 (8th Cir. 2026)
What it means going forward
Defendants convicted of assault under Section eleven three A four cannot receive a sentence of time served if their pre-sentencing custody exceeds the one-year statutory maximum. Such sentences must be vacated to ensure proper credit is applied to all convictions.