KRAUSE

v.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA (WHITELY, WARDEN, REAL PARTY IN INTEREST)

Citator

Cited By

• United States v. Baker, 985 F.2d 1248 (4th Cir. 1993)
  …omitted)). In addition, in prosecutions for conspiracy to possess with the intent to distribute illegal drugs, conspiracy to possess is a necessarily included offense. See United States v. O’Meara, 895 F. 2d 1216, 1219-20 (8th Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990). We have previously held that a lesser-included possession instruction in drug distribution eases such as this one is required if requested unless, as a matter of law, the evidence would “rule out the possibil…
• United States v. Daphney Henderson-Durand, 985 F.2d 970 (8th Cir. 1993)
  …everance. We will not disturb a district court’s denial of a severance motion unless the defendant can demonstrate an abuse of discretion prejudicing his right to a fair trial. United States v. O’Meara, 895 F. 2d 1216, 1219 (8th Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990). Here, the district court would have allowed Arnold to introduce pages three, four, and five of the document, which contained the facts relevant to the issue in question. Arnold refused to do so. The district c…
• United States v. Nelson, 988 F.2d 798 (8th Cir. 1993)
  …with a conspiracy will generally be tried together, especially where proof of the charges against each of the defendants is based on the same evidence and acts.’ ” Id. (quoting United States v. O’Meara, 895 F. 2d 1216, 1218 (8th Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990)). Jeffrey Heinen bases his argument on the fact that he was merely a technician, and that there was little proof against him. He says that the prejudicial impact is established by the jury’s (apparent) initial…