United States Tenth Circuit

A conviction for possession with intent to distribute 50 grams or more of "actual or pure methamphetamine" and possession "with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine" is affirmed where: 1) a motion to suppress evidence was properly denied because a finding that an officer's hand gesture was inconsequential was not clearly erroneous, and as a result, defendant's consent to stay for further questioning and a search of his car was voluntary for Fourth Amendment purposes; and 2) the district court did not err in instructing the jury regarding the definition of "actual or pure" methamphetamine.

Appellate Information

• Decided 02/02/2009
• Published 02/03/2009

Judges

• HARTZ, Circuit Judge., Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert Breeze, Salt Lake City, UT, for Defendant-Appellant., Diana Hagen, Assistant United States Attorney, (Brett L. Tolman, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.