United States Eighth Circuit

Conviction for drug crimes is affirmed where: 1) the district court did not err in denying defendant's motion to suppress as the information police obtained from a source and a confidential informant was sufficiently reliable to establish probable cause for the issuance of a search warrant for defendant's home, and there was no evidence that the police acted untruthfully or recklessly in preparing the affidavit for the warrant; 2) jury instructions did not constructively amended the indictment against defendant as the instructions clearly informed the jury of the essential elements of the crime of attempting to manufacture methamphetamine; and 3) any variance between the evidence and the indictment did not materially prejudice defendant, and the indictment was sufficient to charge defendant with attempt to manufacture methamphetamine.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• George E. Grassby, AFPD, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Mark Alexander Vargo, I, AUSA, argued, Rapid City, SD, for appellee.