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.
073774P.pdf 08/04/2009 United States v. Malik El-Alamin
U.S. Court of Appeals Case No: 07-3774
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [John R. Gibson, Author, with Loken, Chief Judge, and
Murphy, Circuit Judge]
Criminal case - criminal law and sentencing. District court did not err
in dismissing count in the indictment without prejudice following a
technical violation of the Speedy Trial Act; claim that post-indictment
delay violated the Speedy Trial Act rejected; affidavit supplied probable
cause for issuance of a warrant to search defendant's residence and
person, and the district court did not err in denying defendant's request
for a Franks hearing; district court did not err in denying defendant's
request to present a justification defense to the offense of being a felon
in possession of a firearm; district court did not err in allowing the
government to impeach defendant with prior convictions for aggravated
robbery and a drug crime as defendant was the first to introduce the
matters into evidence; given district court's in camera review of the
police officer's investigative file and its conclusion the file contained
nothing relevant to the defense, the court's refusal to order disclosure
of the file did not violate defendant's confrontation rights; no error in
giving instruction on flight at time of arrest; evidence was sufficient to
support conviction on drug charge; no error in sentencing defendant as a
career offender; district court gave proper consideration to the 3553(a)
factors and did not impose an unreasonable sentence.