081378P.pdf   03/20/2009  United States  v.  Charmar Brown
   U.S. Court of Appeals Case No:  08-1378
                          and No:  08-1384
                          and No:  08-1385
   District of Nebraska - Omaha   
   [PUBLISHED] [ Murphy, Author, with Smith, Circuit Judge, and
   Limbaugh, District Judge]
   Criminal case - criminal law. Batson challenge rejected; conviction on
   Count II alleging use and discharge of a firearm on October 3, 2005 was
   not constructively amended by introduction of evidence concerning a
   shoot-out on another date; challenges to admission of certain out-of-court
   statements rejected; searches of residences and businesses were supported
   by probable cause; Franks challenge rejected; no error in denying motion
   to sever Brown's case; error in jury instructions concerning possession of
   firearm in furtherance of a drug trafficking crime compels reversal on one
   count; drug quantity instruction was not erroneous; evidence was
   sufficient to support conspiracy and firearms convictions; claims of
   ineffective assistance of counsel would not be considered on direct
   appeal; the district court did not err in sentencing defendant Giles to life
   in prison based on the jury's finding he distributed more than 1,000 kilos
   of marijuana; no error in imposing a two-level increase in defendant
   Kouris's sentence based on a finding she obstructed justice by interfering
   with the investigation of the case.