United States Eighth Circuit

Defendant's conviction and sentence for knowingly and intentionally possessing with the intent to distribute a mixture or substance containing a detectable amount of cocaine base and one count of knowingly possessing a firearm in furtherance of a drug trafficking crime are affirmed where: 1) it appeared from a review of the record that defendant was able to present to the jury all the evidence supporting his claimed beating and his contention of planted evidence for whatever purposes he desired to make of it; 2) the jury heard the evidence defendant wished to elicit from the officers who allegedly beat defendant, and thus any error was harmless beyond a reasonable doubt; 3) because the only purpose of the arranged meeting at issue was for defendant to distribute drugs, the police had probable cause to believe that evidence relevant to the drug crime would be found in the vehicle; 4) the government presented sufficient evidence to establish that defendant's possession of a loaded firearm was in furtherance of the underlying drug crime; and 5) there was no evidence that the district court committed procedural error by treating the advisory Guidelines as mandatory.

Appellate Information

• Decided 05/24/2010
• Published 05/24/2010

Judges

• Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David E. Woods, argued, O'Fallon, MO, for Appellant.


• For Appellees:
  
• Reginald L. Harris, Thomas C. Albus, argued, AUSA, St. Louis, MO, for Appellee.