United States Eighth Circuit

Conviction for drug crimes and firearms possession is affirmed where: 1) the district properly dismissed one of the charges in the indictment without prejudice following a technical violation of the Speedy Trial Act, and the post-indictment delay did not violate the Speedy Trial Act; 2) an affidavit supplied probable cause for issuance of a warrant to search defendant's residence and person, and the court did not err in denying defendant's request for a Franks hearing; 3) the court did not err in denying defendant's request to present a justification defense to felon in possession of a firearms charge, in allowing the government to impeach defendant with prior convictions as defendant was the first to introduce the matters into evidence, and in deciding not to order disclosure of the contents of the officer's investigative file; 4) the evidence was sufficient to support defendant's conviction on drug charge; and 5) the court did not err in sentencing defendant as a career offender, and gave proper consideration to the 18 U.S.C. 3553(a) factors and did not impose an unreasonable sentence.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Harold Shiah, argued, Kimberly K. Hall, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• LeeAnn K. Bell, AUSA, argued, Minneapolis, MN, for appellee.