083515P.pdf   07/27/2009  United States  v.  Steve Buchanan
   U.S. Court of Appeals Case No:  08-3515
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Beam and Colloton, Circuit Judges]
   Criminal case - criminal law. Information police obtained from a source
   and a confidential informant was sufficiently reliable to establish
   probable cause for the issuance of a search warrant for defendant's home;
   there was no evidence that the police acted untruthfully or recklessly in
   preparing the affidavit for the search warrant; instructions repeatedly
   mentioned attempt, and there was no basis for defendant's argument that
   the instructions constructively amended the indictment which charged
   him with attempt to manufacture; any variance between the evidence and
   the indictment did not materially prejudice defendant; the indictment was
   sufficient to charge defendant with attempt to manufacture
   methamphetamine.