United States v. Cowling, Jr., No. 10-3778 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of two counts of conspiracy to possess, sell, or dispose of stolen firearms; one count of possessing firearms as a felon; and one count of possessing a stolen firearm. On appeal, defendant argued that his conviction should be reversed because it was based on evidence obtained pursuant to a constitutionally inadequate search warrant, the district court impermissibly limited cross-examination of government witnesses, the trial court erred in admitting testimony by co-conspirators and evidence of prior bad acts, and there was insufficient evidence to sustain defendant's conviction. The court held that probable cause to search defendant's residence would have existed even if the affidavit had included the fact that the confidential informant had given false information during Interview #1. The court rejected defendant's evidentiary challenges regarding cross-examination, co-conspirator statements, and prior bad acts. The court further held that there was sufficient evidence to support defendant's convictions. Therefore, the court affirmed the district court's denial of defendant's motion to suppress, its evidentiary rulings at trial, and it decision to submit Counts 1, 4, and 6 to the jury.
Court Description: Criminal case - Criminal law. Franks claim rejected as the warrant application, even with the information defendant claimed should have been included, still established probable cause for the search of defendant's home; evidentiary challenges rejected; evidence was sufficient to support defendant's convictions for conspiracy and for being a felon in possession of a firearm.
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