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Conviction for drug crimes is affirmed where: 1) the district court did not err in denying defendant's motion to suppress as the information police obtained from a source and a confidential informant was sufficiently reliable to establish probable cause for the issuance of a search warrant for defendant's home, and there was no evidence that the police acted untruthfully or recklessly in preparing the affidavit for the warrant; 2) jury instructions did not constructively amended the indictment against defendant as the instructions clearly informed the jury of the essential elements of the crime of attempting to manufacture methamphetamine; and 3) any variance between the evidence and the indictment did not materially prejudice defendant, and the indictment was sufficient to charge defendant with attempt to manufacture methamphetamine.
Appeal from the United States District Court for the District of South Dakota.
Submitted: June 11, 2009
Filed: July 27, 2009
Before MELLOY, BEAM, and COLLOTON, Circuit Judges.
Opinion by MELLOY, Circuit Judge.