United States Eighth Circuit

Defendant's drug and firearm possession convictions are affirmed where: 1) the imprint on defendant's gun, and the matching markings on defendant's key and safe inscription were not hearsay; 2) the district court appropriately treated defendant's safe as chattel, and thus the best evidence rule did not apply; 3) defense counsel did not move for a continuance or argue to the district court that if he had received earlier notice of the government's expert evidence, then he would have been able to move for its exclusion or present a more effective defense; and 4) the evidence cited by the district court sufficiently established that defendant constructively possessed the drugs.

Appellate Information

• Decided 05/04/2010
• Published 05/04/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert G. Rehkemper, III, argued, Des Moines, IA, for Appellant.


• For Appellees:
  
• Stephen H. Locher, AUSA, argued, Des Moines, IA, Debra L. Scorpiniti, AUSA, Des Moines, IA, on the brief, for Appellee.