United States Eighth Circuit

Conviction of defendant for possession of crack cocaine with intent to distribute is affirmed where: 1) district court did not err in denying defendant's motion for judgment of acquittal as there was sufficient evidence to support the jury's verdict that he possessed the intent to distribute; 2) the district court did not abuse its discretion in denying defendant's motion for a new trial as the admission of a cooperating witness's written plea agreement as evidence of the witness's credibility is left to the district court's discretion; 3) imposition of the mandatory minimum sentence did not violate defendant's rights to due process and equal protection of the law.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• SMITH, Circuit Judge., Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark Meyer, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Richard D. Westphal, AUSA, argued, Davenport, IA, for appellee.