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]