United States v. Almeida-Olivas, No. 16-3790 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, and use of a communication device to facilitate the distribution of methamphetamine. The court held that the evidence was sufficient to convict defendant of both charges, and the district court did not abuse its discretion by refusing to instruct the jury on the lesser-included offense of conspiracy to distribute less than 500 grams of a mixture containing methamphetamine.
Court Description: Per Curiam - Before Loken, Murphy and Melloy, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's convictions for conspiring to distribute 500 or more grams of methamphetamine and for using a communications device to facilitate distribution of the drug; based on the evidence presented, a jury could not have rationally found defendant was guilty of the lesser-included offense of conspiracy to distribute less than 500 grams of the drug, and the district court did not err in refusing to give the jury a lesser-included offense instruction.
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