213075P.pdf   06/14/2023  United States  v.  Isaac May
   U.S. Court of Appeals Case No:  21-3075
                          and No:  21-3344
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Smith, Author, with Benton and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The district court did not 
   err in denying defendant May's motion to sever his case from that of his 
   co-defendant and co-conspirator Richards as the court's curative 
   instruction on separate consideration of the evidence as to each defendant 
   was a sufficient safeguard; May failed to object to the characterization 
   of his criminal record at sentencing and he failed to show the district 
   court plainly erred in stating that May's criminal history consisted of 
   violent acts and possession of firearms; May's sentence was not 
   substantively unreasonable; the district court did not err in denying 
   Richards's motion for recusal, which was based on the fact that the trial 
   judge had issued the wiretap warrants in the case; defendant Richards 
   waived his right to challenge the district court's finding he did not have 
   standing to challenge the wiretaps by failing to raise the issue in his 
   opening brief; all other challenges are waived by Richards's failure to 
   meaningfully explain why his motion to suppress should have been granted; 
   Richards waived his right to challenge admission of video surveillance of 
   a drug deal by failing to object and by stating he had no objection to its 
   admission; identification testimony was properly admitted; challenges to 
   the jury's credibility determinations are virtually unassailable on 
   appeal.