United States Eighth Circuit

Defendant's drug conspiracy conviction and sentence are affirmed where: 1) the police were justified in entering defendant's room without a warrant because of their reasonable belief that it was necessary to protect the general public, hotel guests and employees; 2) the mere fact some of the men in a police lineup had facial hair like defendant did not, standing alone, indicate that the lineup was suggestive; and 3) the government gave racially neutral reasons for exercising its peremptory challenges to all three of the potential jurors defendant claimed the government struck in violation of Batson.

Appellate Information

• Decided 03/08/2010
• Published 03/08/2010

Judges

• BYE, Circuit Judge., Before BYE, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David W. Siebrasse, argued, Pierre, SD, for Appellant.


• For Appellees:
  
• Timothy Marshall Maher, argued, AUSA, Pierre, SD, for Appellee.