DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181477P.pdf 05/30/2019 United States v. Terreall McDaniel
U.S. Court of Appeals Case No: 18-1477
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Stras, Circuit
Judge]
Criminal case - Criminal law and sentencing. In a bench trial, the
district court did not abuse its discretion in admitting testimony from an
experienced police officer on tools of the trade in drug dealing without
conducting a Daubert hearing; evidence was sufficient to support the
defendant's convictions on possession of firearms in furtherance of a
drug-trafficking schemes; no error in sentencing defendant as an armed
career criminal based on his three convictions for selling cocaine in
violation of Section 195.211 RSMo, as the record showed there were three
separate violations on three separate occasions; sale of controlled
substance in violation of this Missouri statute is a controlled substance
violation for sentencing under the ACCA; claim that this sentence violates
the Eighth Amendment is rejected. Judge Stras, concurring.