093288P.pdf   02/25/2011  United States  v.  David Payton
   U.S. Court of Appeals Case No:  09-3288
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Criminal Case - conviction and sentence. District court did not abuse its
   discretion in denying motion to sever, as defendant failed to show real
   prejudice; defenses were not mutually antagonistic. Striking only
   African-American juror who previously worked with defense counsel
   without inquiring further was legitimate and nondiscriminatory. 
   Defendant failed to show government suppressed exculpatory evidence
   by failing to disclose witness statement discovered during course of trial. 
   District court did not abuse its discretion in rejecting addict-informant
   jury instruction because witnesses were cross-examined and jury was
   instructed on assessing credibility based on drug use, and on drug- house
   instruction because instruction adequately stated elements needed to
   prove violation of section 856(a)(1). Sufficient evidence was proven to
   support conspiracy count, opening or maintaining a drug house count, and
   distribution count. Testimony was sufficient to support drug quantity
   calculation and district court did not err. District court did not clearly err
   in applying aggravating role enhancement. District court was well within
   its discretion in rejecting variance based on crack/powder disparity.