No. 04-1005.

394 F.3d 612 (2005)

UNITED STATES of America, Appellee, v. Dante G. FRAZIER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 7, 2005.

Rehearing Granted February 25, 2005.

Attorney(s) appearing for the Case

Shannon Patrick O'Connor, argued, Attorney Federal Public Defender, Omaha, NE, for appellant.

John E. Higgins, argued, Special Asst. U.S. Attorney, Omaha, NE, for appellee.

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

BEAM, Circuit Judge.

On July 25, 2003, a jury convicted Appellant Dante Frazier of knowingly or intentionally possessing pseudoephedrine with the knowledge or reasonable belief that the pseudoephedrine would be used in the manufacture of methamphetamine. Frazier appeals, arguing that 1) the district court1 improperly denied his motion to suppress the evidence; 2) the government's use of postarrest, pre-Miranda silence violated his...

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