092766P.pdf   07/27/2010  United States  v.  Derek Carlson
   U.S. Court of Appeals Case No:  09-2766
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Shepherd, Author, with Bye and Melloy, Circuit Judges]
   Criminal case - criminal law. Defendant was not in custody at the time
   he made statements to officers, and his voluntary admissions were
   admissible; the only evidence offered in support of defendant's motion
   for a new trial was impeachment evidence on a collateral matter, and the
   district court did not err in denying the motion; the district court did not
   abuse its discretion by denying counsel's motion to withdraw and, to the
   extent the argument raises an issue of ineffective assistance of counsel,
   the claim should be pursued in a Section 2255; no error in admitting
   evidence of defendant's 2001 state drug conviction, and the facts
   underlying the conviction, as the information was relevant and the crimes
   were similar in kind and not too remote in time; any possible prejudice
   from admission of the facts of that offense were cured by the court's
   limiting instructions.