092005P.pdf   08/24/2010  United States  v.  Gary Zierke, Jr.
   U.S. Court of Appeals Case No:  09-2005
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Smith, Author, with Benton and Shepherd, Circuit Judges]
   Criminal case - Criminal law and sentencing. No error in admitting
   phone recording in which defendant intimated his desire to have a family
   member harm witnesses as the information is evidence of guilt and the
   court properly limited its impact with a cautionary instruction; no error in
   admitting defendant's statement to police in which he said he would
   continue to sell methamphetamine even if the police did not accept his
   offer to cooperate against others; evidence was sufficient to show
   defendant conspired to distribute methamphetamine; district court did not
   err in calculating the amount of drugs involved; no error in imposing a
   leadership role enhancement under Guidelines Sec. 3B1.1.