United States Eighth Circuit

Defendant's methamphetamine manufacturing convictions and sentence are affirmed where: 1) a loaded .22 revolver's proximity - within six feet - to saleable quantities of methamphetamine, digital scales, and pills used to manufacture methamphetamine coupled with an officer's expert testimony regarding the use of firearms in methamphetamine trafficking could lead a reasonable trier of fact to conclude that defendant possessed that weapon to protect his methamphetamine trafficking activities; 2) defendant waived his Confrontation Clause rights; and 3) the district court did not abuse its discretion in admitting evidence based on the reasonable probability that the exhibits had not been altered prior to testing.

Appellate Information

• Decided 08/18/2010
• Published 08/18/2010

Judges

• C. Arlen Beam

Court

• United States Eighth Circuit

Counsel