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171126P.pdf   03/05/2018  United States  v.  Casey Peebles
   U.S. Court of Appeals Case No:  17-1126
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Erickson, Author, with Chief Judge Smith and Kelly, Circuit Judges] Criminal Case - conviction. Viewing the evidence in the light most favorable to the verdict, sufficient evidence supports conviction for conspiracy to distribute more than 100 grams of heroin and possession with intent to distribute 100 more than grams of heroin. Admission of co- conspirator statements under Fed.R. Evid. 801(d)(2)(E) was not an abuse of discretion, as government presented ample evidence that defendant was a member of drug trafficking conspiracy with the declarant and the declaration was made in the course and in furtherance of the conspiracy. Challenge to admission of prior conviction for impeachment is precluded because defendant preemptively introduced evidence on direct examination. District court did not abuse its discretion in allowing expert testimony based upon personal knowledge and experience of the expert. Even if testimony was impermissible drug courier profile testimony, the error was harmless because the courier testified she was a courier. Limitation of cross-examination of officer regarding past instances of untruthfulness was not error, as it is unlikely a reasonable jury would have received a significantly different impression of their credibility if the evidence had been allowed.