U.S. v. BARNES

No. 06-2268.

492 F.3d 33 (2007)

UNITED STATES of America, Appellee, v. John BARNES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 27, 2007.


Attorney(s) appearing for the Case

Jeffrey M. Brandt, with whom Robinson & Brandt, P.S.C. was on brief, for appellant.

Mary E. Rogers, Assistant United States Attorney, with whom Donald Clark Corrente, United States Attorney, and Donald C. Lockhart, Assistant United States Attorney, were on brief, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, TASHIMA, Senior Circuit Judge.


TASHIMA, Senior Circuit Judge.

John Barnes challenges his conviction and the sentence imposed following a jury trial on two drug counts. Barnes contends that the district court erred in concluding that the affidavit submitted in support of a search warrant demonstrated probable cause. He also argues that the evidence is insufficient to sustain his conviction. His final contention is that the district court erred by relying on a prior conviction not proven to the jury...

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