United States Eighth Circuit

Conviction and sentence for distribution of cocaine base within 1000 feet of an elementary school are affirmed over claims that: 1) the district court erred in denying defendant's pretrial ex parte request for authorization to pay a voice comparison expert more than the maximum allowed by statute; 2) the district court abused its discretion when it denied portions of defendant's motion in limine; 3) the evidence of his state-court marijuana conviction should not have been admitted; 4) two jurors were removed from the venire because they were African-American, as is Samuels; 5) the district court erred in denying defendant's motion for judgment of acquittal or, in the alternative, a new trial; 6) defendant's "prior convictions for a felony drug offense," were improperly used to enhance his sentence; 7) the convictions in question should be counted as a single offense; and 8) the state-law possession offenses would be misdemeanors, not felonies, under federal law and so cannot be used to sentence him to a statutory mandatory life sentence.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

Court

• United States Eighth Circuit

Counsel