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.
083249P.pdf 08/27/2009 United States v. Robert McClellon
U.S. Court of Appeals Case No: 08-3249
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Smith, Author, with Murphy and Shepherd, Circuit Judges]
Criminal case - criminal law and sentencing. Evidence was sufficient
to support defendant's conviction for possession of crack with intent to
distribute; admission of a cooperating witness's written plea agreement as
evidence of the witness's credibility is left to the district court's
discretion, and its admission here was not an abuse of discretion; closing
argument defendant points to as improper vouching was made in rebuttal
to his comment and properly directed the jury to the provisions of the
agreement; statutory mandatory minimum under 21 U.S.C. Secs. 841 and
851 is constitutional.