United States Eighth Circuit

A conviction and sentence for possession with intent to distribute marijuana is affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) a refusal to instruct the jury on mere presence; 3) admission of evidence of prior cooperation with law enforcement; and 4) and a judicial finding that defendant had a previous conviction for sentencing purposes.

Appellate Information

• Decided 02/01/2007
• Published 02/01/2007

Judges

• BEAM, Circuit Judge., Before RILEY, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, argued, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Richard E. Monroe, Asst. U.S. Atty., argued, Springfield, MO (Bradley J. Schlozman, U.S. Atty., Kansas City, MO, Kimberly R. Weber Dean, Spec. Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.