United States Eighth Circuit

Conviction for distribution of heroin resulting in death is affirmed where: 1) the district court's limitations on defendant's cross-examination of two witnesses were neither abuses of discretion nor violations of the Confrontation Clause; 2) the district court did not abuse its discretion in determining that certain statements were made in furtherance of a conspiracy and thus admissible; 3) the district court did not abuse its discretion in allowing testimony regarding defendant's prior heroin distribution; and 4) jury's decision to credit the testimony of the witnesses was within its province, and the testimony itself was sufficient evidence for a reasonable jury to find defendant guilty beyond a reasonable doubt.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• MELLOY, Circuit Judge., Before RILEY, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey J. Neslund, Chicago, IL, for appellant.


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