United States Eighth Circuit

Defendants' convictions and sentences for possession of cocaine base with intent to distribute, robbery in violation of the Hobbs Act, and possession of a firearm in furtherance of a drug trafficking crime, are affirmed where: 1) the district court did not abuse its discretion in ruling that defendant's statement was not sufficiently trustworthy to be admitted into evidence under Fed. R. Evid. 807.3; 2) the jury could reasonably choose to credit a witness's testimony despite his checkered background and potential bias; 3) a reasonable jury could find that defendant constructively possessed the firearm at issue during the getaway; and 4) the district court’s refusal to group the charges together did not result in double counting.

Appellate Information

• Decided 07/22/2010
• Published 07/22/2010

Judges

• Steven Colloton

Court

• United States Eighth Circuit

Counsel