United States Eighth Circuit

Conviction and sentence for drug crimes and firearms possession is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motion for new trial based on his claim that the government withheld impeachment evidence concerning contact between the arresting officer and defendant's parole officer before the arrest, as the proposed impeachment would have had little or no impact on the outcome of the trial; and 2) defendant's prior conviction for unlawful use of a weapon under Missouri law meets the statutory definition of violent felony in 18 U.S.C. sec. 924(e)(2)(B)(I), and thus the court did not err in determining that defendant qualified for a sentencing enhancement as an armed career criminal.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marsha D. Jackson, Springfield, MO, argued, for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.