United States Eighth Circuit

Defendant's drug conspiracy conviction is affirmed where: 1) the evidence was sufficient to support defendant's conviction; and 2) defendant knew that the district court was prepared to grant a motion for mistrial after a witness's volunteered testimony, but he declined to seek one, preferring instead to see whether the jury would return an acquittal.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• R. Scott Rhinehart, argued, Sioux City, IA, for appellant.


• For Appellees:
  
• Shawn Wehde, AUSA, argued, Sioux City, IA, for appellee.