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8th Circuit decides N.D. case Friday, January 8, 2021

The United States Court of Appeals for the 8th Circuit has affirmed the convictions in a North Dakota drug trafficking case.

The court held that the evidence was sufficient to support defendant's conviction for conspiracy to possess with intent to distribute methamphetamine within the time period alleged in the indictment; the court found the defendant's claim that the district court erred in permitting the jury to view a transcript before defense counsel had an opportunity to review it and take a position on its accuracy was not supported by the facts, which showed counsel received it by email, agreed to stipulate to its foundation and admissibility and confirmed this agreement with the district court; the defendant therefore waived any right that he might have had against the presentation of the transcript and if the district court did not err by permitting the jury to see it, it could not err, plainly or otherwise, by failing to give a curative instruction.

Read the court's opinion: