United States Eighth Circuit

Defendant's conviction and sentence for conspiracy to distribute crack cocaine, distribution of crack cocaine, and possession with intent to distribute crack cocaine, are affirmed where 1) the officers had probable cause to arrest defendant, and the search of his person was a valid search incident to arrest; 2) it was beyond serious question that the evidence in this case was sufficient to sustain defendant's convictions; 3) there was no abuse of discretion in the district court's refusal to instruct the jury about the punishment defendant faced if convicted; and 4) the district court considered and rejected defendant's request for a variance based on the crack/powder disparity, and thus was within its discretion to depart downward.

Appellate Information

• Decided 10/21/2010
• Published 10/21/2010

Judges

• Raymond E. Gruender

Court

• United States Eighth Circuit

Counsel