[T][U] United States V. Banda-Gutierrez
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Publisher Description
Jose Luis Banda-Gutierrez (Banda) appeals his jury conviction for possession of controlled substances with intent to distribute, in violation of 21 U.S.C. § 841(a)(1); and possession of a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). He argues the affidavit supporting the governments search warrants did not establish probable cause, the warrants were overly broad, the trial court erroneously read back testimony to the jury, the jury was prejudiced by allegations Banda used a minor in a narcotics transaction, and there was insufficient evidence to support a finding he possessed either a firearm in relation to a drug transaction or marijuana with intent to distribute. We affirm.