United States Eighth Circuit

A conviction for possessing a firearm both as a felon and as a drug user is affirmed where: 1) there was no clear error as to findings that an officer seeking the warrant in the matter had been sworn and that the warrant was lawfully issued; and 2) the district court did not abuse its discretion in admitting evidence at a suppression hearing from a judge and an officer concerning their routine practices to support the finding that the officer was sworn.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• PER CURIAM., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Raphael M. Sheetz, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Richard L. Murphy, Asst. U.S. Attorney, Cedar Rapids, IA, for appellee.