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Meth Defendant's Arguments Rejected

By Shari Allison

United States v. Hood, ___ F.3d ___ , 2010 WL 3227820 (10th Cir. 2010) (Utah). Convicted after trial of possession with intent to distribute more than 50 grams of meth, and sentenced to life imprisonment, the defendant raised three arguments to no avail. 1. District court correctly denied motion to dismiss the indictment for government?s destruction of bags in which meth found and commingling amounts. D hypothesized that the destroyed evidence could potentially be exculpatory and demonstrate that cops might have mixed drugs seized from informant/girlfriend with his, and that he had less than 50 gr. Because he could only state potentially exculpatory value to the evidence he did not meet Trombetta Due Process standard (if exculpatory value is only potential, then must show bad faith)...continue to full post

Full post as published by Tenth Circuit Blog on September 10, 2010 (boomark / email).