United States v. Aguilar, No. 13-2845 (8th Cir. 2014)
Annotate this CaseDefendant appealed his conviction for conspiracy to possess with intent to distribute methamphetamine. The court concluded that defendant waived his argument that law enforcement's protective sweep was unreasonable and overbroad; the district court did not err in denying the motion to suppress where defendant signed a consent form; and based on the evidence, a reasonable jury could find that defendant was guilty beyond a reasonable doubt and his assertion that the government argued a lower standard of proof was baseless. The court concluded, however, that the alternate juror's presence during jury deliberations violated Federal Rule of Criminal Procedure 24(c)(3) and the court remanded for the limited purpose of inquiry about the alternate's actual participation.
Court Description: Criminal case - Criminal law. Defendant waived his challenge to the police officers' protective sweep by failing to raise it in his motion to suppress; defendant gave a valid consent to a search; evidence was sufficient to support defendant's conviction for conspiracy to distribute methamphetamine; case must be remanded for factual findings regarding an alternate juror's presence and actions during the jury deliberations; the court retains jurisdiction of the appeal pending receipt of the district court's findings. [ February 25, 2014
The court issued a subsequent related opinion or order on May 29, 2014.
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