United States Eighth Circuit

Defendant's firearm possession conviction and sentence are affirmed where: 1) no Franks violation occurred which would require suppression based on the challenged portions of an affidavit in support of the police's warrant to search defendant's residence; 2) the drug-related evidence introduced at trial, including the paraphernalia, was closely and integrally related to the issue of ownership and possession; and 3) the sentencing transcript establishes that the district court thoroughly considered the 18 U.S.C. section 3553(a) factors.

Appellate Information

• Decided 02/09/2010
• Published 02/09/2010

Judges

• PIERSOL, District Judge., Before, COLLOTON, BENTON, Circuit Judges, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chip Lowe, argued, Urbandale, IA, for appellant.


• For Appellees:
  
• Rachel J. Scherle, AUSA, argued, Des Moines, IA (Emily K. Nydle, AUSA, Des Moines, IA, on the brief), for appellee.