United States Eighth Circuit

Conviction and sentence for conspiracy to distribute methamphetamine are affirmed where: 1) search warrants used to discover evidence used to convict defendant were supported by probable cause; 2) there was sufficient evidence to support a conspiracy conviction; 3) a prior state drug-possession conviction punishable by up to five years' imprisonment was a "felony drug offense" for purposes of imposing a mandatory-minimum sentence; and 4) there was no clear error in an enhancement for defendant's managerial role in the conspiracy.

Appellate Information

• Decided 11/17/2008
• Published 11/17/2008

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BYE, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lee R. Johnson, St. Louis Park, MN, for appellant.


• For Appellees:
  
• Lisa D. Kirkpatrick, AUSA, Minneapolis, MN, for appellee.