United States Eighth Circuit

Defendant's drug and firearm convictions are affirmed where the evidence would not permit a rational jury to find defendant guilty of possessing methamphetamine while simultaneously acquitting him of intent to distribute, and thus the district court was not required to give a lesser included offense instruction.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• BRIGHT, Circuit Judge., Before MURPHY, BRIGHT, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph Mark Hogan, St. Louis, MO, for appellant.


• For Appellees:
  
• Cristian Matthew Stevens, AUSA, St. Louis, MO, for appellee.