221129P.pdf   02/21/2023  United States  v.  Kenny Smart
   U.S. Court of Appeals Case No:  22-1129
                          and No:  22-1131
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The evidence was sufficient 
   to support defendant's convictions for being a felon in possession of a 
   firearm and possession of a firearm in furtherance of drug trafficking; no 
   error in admitting evidence of defendant's past convictions for similar 
   conduct; no error in admitting recordings of jail-house calls; no error in 
   granting the government's motion to exclude evidence of two witnesses' 
   prior theft convictions, as theft is not a crime involving dishonesty 
   within the meaning of Rule 609(a)(2); no error in admitting evidence 
   defendant attempted to intimidate a witness on the eve of trial; photo 
   taken at time of defendant's arrest was properly admitted; no error in 
   denying defendant's request for an addict-informer instruction; no error 
   in refusing defendant's request to give a mere presence instruction; Brady 
   claims rejected; ineffective assistance of counsel claims would not be 
   reviewed on direct appeal; remanded for further sentencing proceedings in 
   light of this court's decision in U.S. v. Perez, 46 F.4th 691 (8th Cir. 
   2022).