DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041451P.pdf   02/08/2005  USA  v.  Michael Vieth
   U.S. Court of Appeals Case No:  04-1451
   Northern District of Iowa   
   Criminal Case - conviction for conspiracy to manufacture and distribute 
   methamphetamine. District court did not abuse its discretion in admitting 
   Rule 404(b) evidence of prior possession of equipment used to 
   manufacture methamphetamine. District court did not abuse its 
   discretion in denying motion for new trial based on Jencks Act or Brady 
   violations relating to prior statements from two witnesses because the 
   statements were not exculpatory and Jencks Act statements were 
   disclosed. Defendant is not entitled to resentencing under Booker 
   because his sentence was based upon mandatory minimum sentence set 
   forth in the governing criminal statute and the drug quantity was 
   determined by a jury beyond a reasonable doubt. [PUBLISHED] [Melloy, 
   Author, with Murphy and Lay, Circuit Judges]