United States v. Duke, No. 13-1159 (8th Cir. 2014)
Annotate this CaseDefendant appealed his conviction for conspiracy to distribute cocaine base, three counts of possession with intent to distribute cocaine base; and one count of being a felon in possession of a firearm. The court concluded that the information contained in the search warrant application provided sufficient probable cause to issue a warrant to search defendant's residence and, therefore, the court affirmed the district court's denial of defendant's motion to suppress. Defendant waived his claim that the district court abused its discretion when it did not allow his attorney additional time to review Jencks materials. Finally, there was substantial evidence to support the jury's verdicts. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Criminal law. Search warrant affidavit provided probable cause to search defendant's residence for evidence of drug dealing; the district court did not abuse its discretion by denying defendant's request for a short continuance to review Jencks Act material as the court permitted counsel to review the materials over the lunch hour and defendant did not object that this time was inadequate; evidence was sufficient to support defendant's convictions for conspiracy to distribute crack and distribution of the drug.
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