123627P.pdf   03/24/2014  United States  v.  Carlous Horton
   U.S. Court of Appeals Case No:  12-3627
                          and No:  12-3628
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Shepherd, Author, with Benton and Beam, Circuit Judges] 
   Criminal cases - Criminal law and sentencing. Defendants failed to raise 
   their Fourth Amendment challenges to the government's extensive pre-arrest 
   surveillance in their pretrial suppression hearing or at trial, and the 
   claims were waived; claims that the government failed to disclose 
   potentially exculpatory evidence were too speculative to support a Brady 
   claim; claims of outrageous government conduct rejected; by dismissing a 
   juror, the court took adequate measures regarding defendants' suggestion 
   that the juror may have been exposed to improper information; claim that 
   Western Missouri's juror selection plan violated the fair-cross-section 
   requirement of the Sixth Amendment rejected as defendants failed to 
   provide any evidence that the jury panel was not selected from a fair and 
   impartial cross-section of the community; defendant's Holmes's claim that 
   the district court erred in admitting Rule 404(b) evidence of prior 
   convictions rejected as the prior convictions were relevant to state of 
   mind and were similar in kind and close in time; the PSR's failure to 
   properly provide that Holmes was facing a life sentence could not be shown 
   to be plain error requiring relief as Holmes could not show that he would 
   have received a lesser sentence but for the error since he faced, and was 
   aware that he faced, a mandatory life sentence; challenge to the offense 
   conduct portion of Holmes's PSR was too vague to alert the court and the 
   government to any specific, disputed issues.