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.
092058P.pdf 06/04/2010 United States v. Vincent Mashek
U.S. Court of Appeals Case No: 09-2058
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Criminal case - Criminal law and sentencing. District court did not err
in finding the affidavit submitted in support of the search warrant
application established probable cause to believe evidence of criminal
activity would be found at defendant's home; claim that the state
magistrate judge who issued the warrant was not neutral and detached is
rejected; no error in admitting pseudoephedrine logs as they were
business records and admissible under Fed. R. Evid. 803(6); challenge to
jury instructions on the charge of possessing a firearm in furtherance of a
drug offense rejected; evidence was sufficient to support defendant's drug
and firearm convictions; no error in imposing an enhancement for
obstruction of justice based on the court's finding that defendant perjured
himself at trial.