Rapper's Lyrics Rhymed With The Crimes, 8th Circ. Says

(August 28, 2026, 10:01 PM EDT) -- An Eighth Circuit panel upheld the marijuana and firearms convictions of Arkansas rapper Bankroll Freddie, saying Friday his lyrics were properly allowed as evidence against him because they showed he knew drug and gun terminology.

Writing for the panel, U.S. Circuit Judge Jane Kelly rejected arguments by the defendant, whose real name is Freddie Gladney III, that his lyrics should not have been shown to the jury because they were more prejudicial than probative.

"We recognize that some lyrics, rap included, may be prejudicial — sometimes unfairly so," Judge Kelly wrote. "But here, the lyrics introduced into evidence were limited to specific lyrics that included words relevant to the charged offenses. No full songs were introduced, and Gladney points to no irrelevant or inflammatory lyrics that were included in the clips."

Gladney was arrested in April 2022 after police pulled him over for speeding and smelled marijuana in his truck, the opinion said. Officers arrested him and found a Micro Draco pistol, a privately made 9mm gun, seven magazines, more than 21 pounds of marijuana, 171 grams of promethazine with codeine, and cash in his truck.

They also later found a Glock switch — a device that can convert the 9mm gun into a machine gun — under the back seat of the patrol car where Gladney had been detained, the opinion said.

The Federal Bureau of Investigation also intercepted calls in 2021 that included Gladney talking about buying and selling marijuana and guns with other people, the opinion said.

A jury convicted him of conspiracy to distribute marijuana, possession with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking offense, and use of a communications facility in furtherance of a drug trafficking crime. Jurors acquitted him of other counts, including possession of a machine gun.

He was sentenced to 150 months in prison.

On appeal, Gladney challenged the admission of the lyrics and the suitability of his sentence, and claimed that prosecutors violated the Speedy Trial Act. The panel rejected each argument.

Regarding the lyrics, Judge Kelly noted that Andre Cummings, an expert witness for Gladney, testified at trial that lyrics do not necessarily reflect a rapper's experience. He told jurors hip-hop artists adopt personas to sell records, and autobiographical rapping is rare.

The expert said the gangster rap subgenre of trap rap focuses on drug use, trafficking and violence, and that any trap rapper who did not use the correct terminology "would be laughed off stage," the opinion said.

"With this testimony, the jury was provided an alternative explanation for why Gladney used certain words in his music," Judge Kelly wrote. "And it was for the jury to assess whether Gladney's use of those words was more likely a reflection of his personal lifestyle or his artistic expression."

Representatives for the parties could not immediately be reached for comment Friday.

U.S. Circuit Judges Bobby Shepherd, Jane Kelly and David Stras sat on the panel for the Eighth Circuit.

The government is represented by Leslie Bright, Amanda Fields, Stephen Lancaster, Julie Peters and John Webster of the U.S. Department of Justice.

Gladney is represented by Bobby Digby II and Mackenzie Ivy of the Digby Law Firm.

The case is U.S. v. Freddie Gladney III, case number 24-3333, in the U.S. Court of Appeals for the Eighth Circuit.

--Editing by Bruce Goldman.

For a reprint of this article, please contact reprints@law360.com.

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Case Information

Case Title

United States v. Freddie Gladney, III


Case Number

24-3333

Court

Appellate - 8th Circuit

Nature of Suit

Date Filed

November 15, 2024

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