United States Eighth Circuit

A conviction for being a felon in possession of a firearm is affirmed over claims that the district court erred by: 1) admitting evidence obtained from an allegedly unconstitutional seizure; 2) failing to dismiss the indictment with prejudice after a violation of the Speedy Trial Act; 3) holding trial on the same day it dismissed the indictment for the speedy-trial violation and a new indictment was filed; 4) holding trial in, and choosing a jury pool from, a geographic region other than where the offense occurred; and 5) allowing expert testimony from a scientist other than the one who performed the scientific tests, allegedly in violation of the Confrontation Clause and the Federal Rules of Evidence.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• MELLOY, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jordan S. Kushner, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Timothy Christopher Rank, AUSA, argued, Tracy T. Braun, AUSA, on the brief, Minneapolis, MN, for appellee.