101167P.pdf   02/15/2011  United States  v.  Kevin Boslau
   U.S. Court of Appeals Case No:  10-1167
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Melloy, Author, with Chief Judge Riley and Gruender,
   Circuit Judges]
   Criminal Case - conviction and sentence. District court did not err in
   denying suppression, as defendant was not in custody because he was
   repeatedly told he could leave; there was little in the record to suggest his
   will was overborne. District court did not abuse its discretion in
   instructing jury of the meaning of an unlawful user of a controlled
   substance, as instruction's use of "actively engaging" was sufficient.
   Viewing evidence in light most favorable to the government, a reasonable
   jury could have found evidence sufficient to convict, and district court
   did not err in denying motion for acquittal. Application of section
   2K2.1(b)(6) enhancement was not clear error.