United States Eighth Circuit

Conviction for drug crimes is affirmed where: 1) Batson challenge is rejected as there is no clear error in the finding that the prosecutor struck two jurors for race neutral reasons; 2) conviction for use and discharge of a firearm was not constructively amended by introduction of evidence concerning a shoot-out on another date; 3) there was no error in admitting certain out-of-court statements; and 4) the rest of defendant's motions for properly denied. One count of the conviction is reversed where an error in jury instructions concerning possession of a firearm in furtherance of a drug trafficking crime seriously affected the fairness of defendant's trial.

Appellate Information

• Decided 03/20/2009
• Published 03/20/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jessica L. Milburn, argued, Lincoln, NE, for appellant Brown in 08-1378., Jerry M. Hug, argued, Lincoln, NE, for appellant Kouris in 08-1384., Mark A. Weber, argued, Omaha, NE, for appellant Giles in 08-1385.


• For Appellees:
  
• Maria R. Moran, AUSA, Omaha, NE, argued, for appellee.