United States Eighth Circuit

Defendant's drug possession conviction and sentence are affirmed where: 1) a pat-down search of defendant was reasonable due to the officer's concern for his safety; 2) defendant was not prejudiced by the district court's preliminary instruction that the jury may hear evidence that defendant had previously been convicted of a prior drug offense; and 3) 18 U.S.C. section 841 did not require that the government prove a defendant was convicted under a particular statutory provision, but only required proof of a prior felony drug offense.

Appellate Information

• Decided 02/10/2010
• Published 02/10/2010

Judges

• BRIGHT, Circuit Judge., Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alan B. Stoler, Omaha, NE, for Appellant.


• For Appellees:
  
• Shawn S. Wehde, AUSA, Sioux City, IA, for Appellee.