222343P.pdf   12/13/2023  United States  v.  Richard Brown, Jr.
   U.S. Court of Appeals Case No:  22-2343
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Kelly, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Criminal law. The court would not consider evidence not 
   presented to the district court and defendant's motion to expand the 
   record on appeal is denied; the district court did not plainly err in 
   admitting defendant's statements concerning ownership of a cell phone and 
   its phone number as the record does not indicate whether the statements 
   were made before or after Miranda warnings; it was not plain error to 
   admit evidence concerning a drug transaction defendant participated in 
   prior to the raid on the apartment; evidentiary challenges, including 
   challenges to admission of defendant's prior drug-related convictions, 
   rejected; the district court did not err in denying defendant's request 
   for a "mere presence" instruction; denial of a trial continuance was not 
   an abuse of the district court's broad discretion in such matters; the 
   evidence was sufficient to support defendant's conviction for possession 
   of a controlled substance with intent to distribute; no error in denying 
   motion for a new trial; claim of ineffective assistance of counsel would 
   not be considered in this direct appeal; cumulative-effect-of-errors 
   argument rejected. Judge Gruender, concurring in part and concurring in 
   the judgment.