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223573P.pdf 02/23/2024 United States v. Kenneth Blair
U.S. Court of Appeals Case No: 22-3573
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Kobes, Author, with Gruender and Stras, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court did not
err in refusing to compel disclosure of a confidential informant's
identity; nor did the district court err in denying defendant's untimely
motion for a Franks hearing to challenge the validity of a warrant to
search an apartment that was linked to defendant and where methamphetamine
was found; the district court also did not err in denying defendant's
motion for judgment of acquittal on his two drug convictions, as ample
evidence proved his joint constructive possession of both the apartment
and the methamphetamine, and the confidential informant testified that he
had participated in a controlled buy of meth from defendant; nor did the
district court clearly err by relying on testimony from the confidential
informant and a cooperating witness to determine uncharged drug quantities
at sentencing.