United States Eighth Circuit

Defendant's firearm possession conviction is affirmed where: 1) how defendant used and controlled the weapon under similar circumstances was directly relevant to the charged offense; 2) because defendant argued that the testimony at trial changed the date of the offense, not the offense charged, no constructive amendment to the indictment occurred; 3) the properly admitted evidence established both defendant's dominion and control over the location where the firearm was found out in the open as well as his dominion and control over the weapon itself; and 4) the district court did not clearly err in finding that the prosecution's explanations for its peremptory strikes were race-neutral.

Appellate Information

• Decided 05/11/2010
• Published 05/11/2010

Judges

Court

• United States Eighth Circuit

Counsel