Block on Trump's Asylum Ban Upheld by Supreme Court
Defendant's drug possession conviction and sentence are affirmed where: 1) a pat-down search of defendant was reasonable due to the officer's concern for his safety; 2) defendant was not prejudiced by the district court's preliminary instruction that the jury may hear evidence that defendant had previously been convicted of a prior drug offense; and 3) 18 U.S.C. section 841 did not require that the government prove a defendant was convicted under a particular statutory provision, but only required proof of a prior felony drug offense.
Submitted: September 23, 2009
Filed: February 10, 2010
Opinion by Judge Bright