United States v. Leonard Smith

LAY, Circuit Judge.

Leonard Smith, a former police officer in the Omaha Police Department, appeals from his conviction on one count of conspiracy to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1), 846. He earlier was tried and convicted on the same charge with Myron Jackson, Russell Spearman and Faustino Selvera. This court in a divided decision affirmed the conviction of all defendants with the exception of Smith. United States v. Smith, 578 F.2d 1227 (8th Cir. 1978) (Lay, J., concurring) (Ross, J., concurring and dissenting). Smith was given a new trial because prejudicial evidence…