United States Eighth Circuit

Conviction for drug crimes is affirmed where: 1) the district court did not err in admitting tape recordings into evidence as the recordings were audible enough to provide the jury with the gist of the conversations, and the inaudible portions were not so pervasive as to render the recordings untrustworthy as a whole; 2) the court did not abuse its discretion in admitting evidence of defendant's prior drug conviction, as the convictions were admissible under Rule 404(b) since they were relevant to defendant's intent and knowledge and involved a similar offense; and 3) the evidence was sufficient to sustain the conviction.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• COLLOTON, Circuit Judge., Before WOLLMAN, RILEY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Brent D. Rosenberg, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Debra L. Scorpiniti, AUSA, argued, Des Moines, IA, for appellee.