DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113255P.pdf 07/22/2013 United States v. Adrian Dunn
U.S. Court of Appeals Case No: 11-3255
and No: 11-3256
and No: 11-3257
and No: 11-3258
and No: 11-3318
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit
Judge]
Criminal case - Criminal law and sentencing. Evidence was sufficient to
support defendants' conspiracy convictions; district court did not abuse
its discretion in denying their motions in limine to exclude
late-disclosed government witnesses as there was no showing the lateness
of the disclosure caused any prejudice; when a witness testified to
information not disclosed in the proffer statements provided defendants,
the district court did not abuse its discretion by denying their motion
for a mistrial; defendant Dunn's challenges to wiretap evidence rejected;
any error in permitting witnesses to testify before the grand jury
regarding calls was rendered harmless by the petit jury verdict; speedy
trial argument rejected; searches of a garage and a car found on the
premises described in the warrant were lawful; no error in imposing a
two-level enhancement under Guidelines Sec. 2D1.1(b)(1) for defendant
Dunn's possession of a firearm in connection with the drug offense; no
error in imposing the statutory minimum sentence on Dunn based on his
Missouri drug conviction; defendant Dunn's challenge to a forfeiture
ruling was untimely; district court did not commit plain error in
submitting to the jury only the drug quantity alleged in defendant Miles'
indictment or in imposing a sentence consistent with the jury's quantity
finding; claim the prosecutor engaged in improper rebuttal during the
closing argument for defendant Westbook's case rejected; limits on
cross-examination of an agent did not deny defendant Moore a fair trial.