United States Eighth Circuit

Defendant's convictions for conspiring to distribute, and possessing with the intent to distribute, in excess of five kilograms of cocaine, and distributing over five kilograms of cocaine are affirmed where: 1) following his arrest, defendant waived his Miranda rights and consented to a search of an apartment, and no intervening exculpatory act destroyed probable cause; 2) the district court's instruction regarding defendant's prior conviction mitigated concerns of prejudice; and 3) the district court's 18 U.S.C. section 851(b) error did not affect defendant's substantial rights.

Appellate Information

• Decided 07/30/2010
• Published 07/30/2010

Judges

• Duane M. Benton

Court

• United States Eighth Circuit

Counsel