United States Eighth Circuit

Defendant's convictions for possession with intent to distribute less than 50 kilograms of marijuana and use or carriage of a firearm during and in relation to a drug trafficking offense are affirmed where: 1) the district court did not abuse its discretion by determining that the government's allegations were similar in material respects to the circumstances of defendant's August 2007 arrest; 2) the key final marshaling instruction, which directed the jury how to reach a verdict, correctly recited the elements of the use or carriage offense that was charged in the indictment; and 3) the jury reasonably could infer that defendant discharged, and thus "used," the firearm in a shootout with individuals in a dispute related to defendant's trafficking in marijuana.

Appellate Information

• Decided 12/09/2010
• Published 12/09/2010

Judges

• James B. Colloton

Court

• United States Eighth Circuit

Counsel