DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061020P.pdf 12/05/2006 United States v. Wesley J. Durham
U.S. Court of Appeals Case No: 06-1020
and No: 06-1021
Western District of Missouri
[PUBLISHED] [Wollman, Author, with Bright and Bowman, Circuit Judges]
Criminal Case - conviction and sentence. District court did not abuse
its discretion in allowing impeachment evidence and finding the probative
value was not substantially outweighed by danger of unfair prejudice,
confusion or misleading the jury and court did not abuse its discretion
in disallowing other impeachment testimony. Denial of motion to suppress
was not clear error, as affidavit was sufficient on its face to establish
that probable cause existed to believe young child may have died from
exposure to methamphetamine or that evidence of methamphetamine may
be found at residence. Six level enhancement for creating a substantial
risk of harm to a minor in light of methamphetamine production in child's
room was not clear error. District court's properly declined to grant
minor reduction.