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.

063763P.pdf   07/15/2008  USA  v.  Misael Benitez
   U.S. Court of Appeals Case No:  06-3763
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Bright and John R. Gibson,
   Circuit Judges]
Criminal case - Criminal law. For the court's prior opinion in the case see United States v. Benitez, 244 Fed.Appx. 64 (8th Cir. 2007). On remand, the district court conducted a de novo review of the magistrate's suppression order and reaffirmed its earlier order denying defendant's motion to suppress. Initial traffic stop was valid and was not unduly prolonged; district court did not err in finding defendant had knowingly and voluntarily consented to the search of the vehicles; no error in admitting evidence of defendant's prior conviction for possession of cocaine, as the conviction was not remote in time and went to knowledge and intent; evidence was sufficient to support conviction for conspiracy to distribute methamphetamine. 063763U.pdf 08/06/2007 USA v. Misael Benitez U.S. Court of Appeals Case No: 06-3763 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Wollman, Bright and John R. Gibson, Circuit Judges]
Criminal case - criminal law and sentencing. There is evidence in the record to support defendant's claim that the district court failed to undertake a de novo review of the magistrate judge's report and recommendation on his motion to suppress, and the matter remanded to the district court to permit it to conduct the necessary review; the court retains jurisdiction over the appeal.