DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151716P.pdf 08/11/2016 United States v. John Ways, Jr.
U.S. Court of Appeals Case No: 15-1716
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Kelly, Author, with Shepherd and Beam, Circuit Judges]
Criminal case - Criminal law. Affidavits presented by ATF agents were
sufficient to establish probable cause that defendant was selling
controlled substances and that evidence of this would be found at his home
and his "head shops;" evidence was sufficient for the jury to conclude
that defendant conspired to sell drug paraphernalia in violation of 21
U.S.C. Sec. 863(e): the evidence was sufficient to support defendant's
conviction for conspiracy to distribute Schedule I controlled substances;
there was sufficient evidence to show defendant conducted financial
transactions related to his business knowing the transactions were
designed to conceal the nature and source of some of the proceeds from the
shop in violation of 18 U.S.C. Sec. 1956(a)(1)(B); there was insufficient
evidence, however, for the jury to find defendant knowingly possessed
ammunition that had been transported in interstate commerce in violation
of 18 U.S.C. Sec. 922(g)(1), and that conviction is reversed; preliminary
order of forfeiture affirmed.