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.