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151374P.pdf   07/08/2016  United States  v.  Demetrius Colbert
   U.S. Court of Appeals Case No:  15-1374
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. Wiretap application and affidavit used to secure a wiretap met the necessity requirement set out in 18 U.S.C. Sec. 2518(1)9c); search warrant application established a nexus between the address to be searched and defendant's money laundering operation, and the evidence seized during the execution of the warrant was admissible; proposed testimony regarding another raid and search was properly excluded as irrelevant as the two raids were not similar; no error in joining defendant's conspiracy and firearms counts and no error in denying his motion to sever the counts; evidence was sufficient to support defendant's conviction for assaulting a federal officer as there was substantial evidence that defendant was not acting in self defense when he fired at the SWAT team executing the search warrant; no error in imposing a leadership role enhancement under Guidelines Sec. 3B1.1(a) or in calculating the drug quantities involved; sentence was substantively reasonable; a life sentence does not violate the Eighth Amendment's prohibition on cruel and unusual punishment.