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.
182732P.pdf 08/02/2019 United States v. Rodney Mazzulla
U.S. Court of Appeals Case No: 18-2732
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Erickson, Author, with Colloton and Kelly, Circuit Judges]
Criminal Case - Conviction. Conviction for methamphetamine distribution
and possession charges. Sufficient evidence was submitted for a finding of
probable cause to issue search warrant of garage and of camper within the
garage; the camper was not separated in any manner from the garage and
appeared to be lived-in; application of automobile exception was
irrelevant; because initial search was legally conducted, information
gained from it could be relied upon for subsequent search. District court
did not abuse its discretion in denying a Franks hearing, as any
potentially misleading facts were immaterial and warrant was supported by
probable cause with information redacted. District court did not abuse its
discretion in denial of in camera review of officer's personnel file, as
motion was based on mere speculation that file contained exculpatory
and/or impeaching information. Admission of "bad acts" evidence was not an
abuse of discretion, as the testimony played little role in the trial in
light of overwhelming other evidence supporting convictions. Denial of
lesser-included-offense of simple possession jury instruction was not an
abuse of discretion. Sufficient evidence supported the verdict on every
count.