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.
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.