United States Eighth Circuit

Defendant's conviction and sentence for conspiracy to distribute marijuana are affirmed where: 1) there was no reason to conclude that defendant lacked the capacity to waive his Miranda rights, or that his waiver was anything but knowingly, voluntarily, and intelligently given; 2) a person traveling via automobile on public streets had no reasonable expectation of privacy in his movements from one locale to another; 3) defendant failed to demonstrate that admission of a firearm was unfairly prejudicial; and 4) the record contained substantial evidence that it was reasonably foreseeable to defendant that the conspiracy would transport at least 1,000 kilograms of marijuana.

Appellate Information

• Decided 05/21/2010
• Published 05/21/2010

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge,JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Charles Dopf, argued, Urbandale, IA, for Appellant.


• For Appellees:
  
• Craig Payton Gaumer, argued, Des Moines, IA, Emily K. Nydie, AUSA, on the brief, Des Moines, IA, for Appellee.