United States v. Szczerba, No. 17-2142 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for one count of conspiracy to commit an offense against the United States, one count of interstate transportation of an individual to engage in prostitution, one count of use of facilities in interstate commerce with intent to aid an enterprise involving prostitution, and one count of use of facilities in interstate commerce with intent to distribute proceeds from an enterprise involving prostitution.
The court held that the district court did not err in denying defendant's motion to exclude evidence where the warrant was not so obviously deficient that any reasonable officer would have known that it was constitutionally fatal and the application of the exclusionary rule would not result in appreciable deterrence of police misconduct; the district court did not abuse its discretion by admitting a detective's expert testimony; there was no impropriety in the district court's statements to the jurors and the court rejected defendant's contention that the district court had declared a mistrial and then improperly allowed the jury to continue deliberations; the district court did not abuse its discretion in denying defendant's motion for a new trial; and defendant's challenges to his sentence were rejected.