153958P.pdf   12/29/2016  United States  v.  James Braden, Jr.
   U.S. Court of Appeals Case No:  15-3958
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Melloy, Author, with Colloton and Shepherd, Circuit Judges] 
   Criminal case - Criminal law. Defendant's motion to suppress did not 
   address a pre-Miranda statement he made to officers about the presence of 
   "weed" as they executed a search warrant, and the issue was not preserved 
   for review; reviewing the claim for plain error, defendant has not shown 
   the outcome of his trial would have been different had the statement been 
   suppressed as there was overwhelming evidence that he possessed marijuana 
   with intent to distribute; the affidavit supplied in support of the search 
   warrant for defendant's residence was sufficient to establish probable 
   cause that drugs and firearms would be found there; the district court did 
   not commit plain error in admitting evidence from a police witness that 
   firearms are tools of the drug trade; even if was error, the admission of 
   the evidence did not affect defendant's substantial rights as that 
   evidence did not, in light of the other evidence in the case, affect the 
   outcome of the trial.