DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

083807P.pdf   11/06/2009  United States  v.  Michael Jones
   U.S. Court of Appeals Case No:  08-3807
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Bright, Author, with Murphy and Riley, Circuit Judges]
Criminal case - criminal law. District court did not err in denying defendant's motion to suppress the seizure of an open duffel bag of marijuana as the officers found the bag during a lawful protective sweep, and the marijuana was visible in the open bag; in a prosecution for possession of methamphetamine with intent to distribute, the district court did not err in refusing to give an instruction on the lesser included offense of simple possession of methamphetamine as that instruction was not supported by the evidence, including defendant's own testimony in which he admitted he shared the drugs with others.