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092121P.pdf   02/10/2010  United States  v.  Michael Ingram
   U.S. Court of Appeals Case No:  09-2121
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [ Bright, Author, with Colloton and Shepherd, Circuit Judges]
Criminal case - Sentencing. For the court's prior opinion in the matter see United States v. Ingram, 309 Fed. Appx. 66 (8th Cir. 2009). No error in denying motion to suppress evidence seized during a traffic stop and subsequent search of defendant's apartment, as there was a valid basis for the traffic stop and the search of defendant's person was justified by officer safety considerations; preliminary jury instruction on evidence concerning prior convictions was phrased in terms that the jury may hear such evidence and the court cured any prejudice that might have arisen from the prosecution's failure to produce such evidence by withdrawing the instruction, properly instructing the jury and telling the jury that the instruction was withdrawn because it was not supported by the evidence; challenge to prior remand rejected; district court did not err in finding the government presented sufficient evidence to prove a prior felony conviction under 21 U.S.C. Sec. 851