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193550P.pdf 07/01/2021 United States v. Oliver Maupin
U.S. Court of Appeals Case No: 19-3550
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Loken, Author, with Grasz and Kobes, Circuit Judges]
Criminal case - Criminal law and sentencing. Claim that defendant's
prosecution for conspiracy to manufacture and distribute marijuana in Iowa
violated principles of federalism because marijuana production is legal in
Oregon, where some of the marijuana was grown, rejected; the court's
supplemental jury instruction on the ability of the defendant to call a
witness who was on the government's witness list but not called did not
improperly shift the burden of proof; the court's supplemental instruction
on conspiracy law did not abrogate the elements of the offense and
properly instructed the jury that defendant did not have to have knowledge
of intent of pot to be sold/sent/delivered to Iowa; the district court did
not err in denying safety valve relief based on its determination that
defendant played a supervisory role in the offense.