163345P.pdf   08/15/2017  United States  v.  Steven Davis
   U.S. Court of Appeals Case No:  16-3345
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Smith, Author, with Shepherd, Circuit Judge, and Fenner, 
   District Judge] 
   Criminal case - Criminal law. The warrant to search defendant's residence 
   was supported by probable cause and the information contained in the 
   application was not fatally stale; no error in denying defendant's motion 
   in limine to exclude evidence of a prior conviction and his flight from 
   the jurisdiction; by intentionally and voluntarily rejecting the court's 
   suggested curative instruction which could have remedied much of any 
   prejudice resulting from a government witness's testimony that defendant 
   identified the source of his drugs in a post-Miranda statement and then 
   withdrew his cooperation, defendant effectively waived his right to appeal 
   the district court's denial of his motion for a mistrial; evidence was 
   sufficient to support defendant's conviction for conspiracy to distribute 
   methamphetamine, and the district court did not err in denying his motion 
   for a judgment of acquittal; no error in denying defendant's request for a 
   buyer-seller instruction as such an instruction was not supported by the 
   trial evidence.