082778P.pdf   05/08/2009  United States  v.  Pamela Clarke
   U.S. Court of Appeals Case No:  08-2778
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Smith and Shepherd, Circuit Judges]
   Criminal case - criminal law and sentencing. Total weight of the
   biphase methamphetamine solution, and not just the weight of the solid,
   marketable methamphetamine it contains, is the proper measure of the
   amount involved in the crime, and the evidence was sufficient to show
   that defendant possessed 50 grams or more of a mixture containing a
   detectable amount of methamphetamine; full amount of the biphase
   liquid could be considered for purposes of calculating base offense level
   under Guidelines Sec. 2D1.1; claim that certain portions of the
   government's cross-examination violated Rule 404(b) rejected as the rule
   did not apply to the testimony; portions of the evidence were admissible
   under Rule 608(b); warrantless search of defendant's home was justified
   by exigent circumstances as the officers at site smelled methamphetamine
   being manufactured and were acting out concerns for officer and
   community safety; the odors, together with a tip, gave the officers
   probable cause to conduct the search.