(DOWNLOAD) "United States v. Malbrough" by United States Court of Appeals for the Eighth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Malbrough
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 28, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
GIBSON, Circuit Judge Michael Allen Malbrough appeals from his conviction of manufacturing marijuana in violation of 21 U.S.C. §Â§ 841(a)(1), 841(b)(1)(B)(vii) (1988). Malbrough argues that the district court erred by (1) failing to suppress the search of his greenhouse, (2) denying his motion to dismiss because of the destruction of evidence, (3) denying his motion for a new trial based on alleged prejudicial comments during the government's closing argument, and (4) refusing to give a ""possession"" jury instruction and an instruction regarding the destruction of evidence. The government cross appeals, arguing that the district court erred in imposing a burden of clear and convincing evidence for sentencing purposes and in failing to find the existence of more than 100 marijuana plants so as to require a mandatory sentence. We affirm the judgment of the district court.1 In April 1989, Timothy Kelley was a suspect in a burglary in Burlington, Iowa. The police refrained from filing burglary charges against Kelley in exchange for his assistance in making three narcotic purchases. Kelley assisted the police in four attempted narcotic purchases.
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