United States Eighth Circuit

Defendants' drug conspiracy conviction is affirmed where: 1) the Fourth Amendment was not violated when a law enforcement officer briefly detained an individual to investigate circumstances which gave rise to a reasonable suspicion that criminal activity was underway; 2) sufficient evidence was adduced at trial for the jury reasonably to find beyond a reasonable doubt that defendant had knowingly agreed with others to purchase and distribute methamphetamine; 3) an instruction requested by defendant did not correspond with the theory of defense he sought to prove at trial; and 4) through extensive cross examination, defendant's counsel made the jury aware that a certain photograph did not reflect the location of the drugs and money at the time of the stop, thus removing any undue prejudice due to the photograph's admission.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, MURPHY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven Ray Davis, North Little Rock, AR, for Appellant Manes., Milton A. DeJesus, Little Rock, AR, for Appellant Yancey.


• For Appellees:
  
• Anne E. Gardner, AUSA, Little Rock, AR, for Appellee.