United States v. Ways, Jr., No. 15-1716 (8th Cir. 2016)
Annotate this CaseDefendant appealed his convictions for conspiracy to sell drug paraphernalia, conspiracy to distribute Schedule I controlled substances, conspiracy to commit money laundering, and being a felon in possession of ammunition, as well as the associated forfeiture. The court concluded that the district court did not err in finding that probable cause supported the search warrants, and in denying defendant's motion to suppress. In this case, the undercover buys, in combination with the financial information, provided probable cause to believe that evidence of one or more crimes would be found at defendant's shops and at his home. The court concluded that the evidence presented was sufficient to sustain the convictions on Counts 1-3 charged in the indictment, but was insufficient for the jury to find that defendant had knowingly possessed ammunition that had been transported in interstate commerce (Count 4). Finally, the court concluded that the district court did not err in entering the preliminary order of forfeiture against defendant's property. Accordingly, the court reversed defendant's conviction for being a felon in possession of ammunition and affirmed in all other respects.
Court Description: Kelly, Author, with Shepherd and Beam, Circuit Judges] Criminal case - Criminal law. Affidavits presented by ATF agents were sufficient to establish probable cause that defendant was selling controlled substances and that evidence of this would be found at his home and his "head shops;" evidence was sufficient for the jury to conclude that defendant conspired to sell drug paraphernalia in violation of 21 U.S.C. Sec. 863(e): the evidence was sufficient to support defendant's conviction for conspiracy to distribute Schedule I controlled substances; there was sufficient evidence to show defendant conducted financial transactions related to his business knowing the transactions were designed to conceal the nature and source of some of the proceeds from the shop in violation of 18 U.S.C. Sec. 1956(a)(1)(B); there was insufficient evidence, however, for the jury to find defendant knowingly possessed ammunition that had been transported in interstate commerce in violation of 18 U.S.C. Sec. 922(g)(1), and that conviction is reversed; preliminary order of forfeiture affirmed.
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