United States Eighth Circuit

Conviction and sentence for possession of methamphetamine with intent to distribute within 1000 feet of a playground are affirmed where: 1) the district court properly denied a motion in limine to suppress evidence of currency seized during an arrest since the arresting officers had probable cause; 2) defendant breached a plea agreement and the waiver of his rights under Rule 410 in that agreement was knowing and voluntary, thus the district court's denial of his motion in limine was proper; 3) the district court correctly concluded that defendant was a career offender; and 4) the district court did not impermissibly double-count a prior conviction.

Appellate Information

• Decided 02/09/2009
• Published 02/09/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chad Douglas Primmer, argued, Council Bluffs, IA, for appellant.


• For Appellees:
  
• Charles J. Williams, AUSA, argued, Cedar Rapids, IA, for appellee.