Background
Mark Leslie Lively was convicted in the United States District Court for the Southern District of West Virginia of conspiracy to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine, both in violation of Section twenty-one United States Code Section eight hundred forty-one subsection A one. Lively appealed, arguing the district court erred in denying his motion to dismiss the indictment or suppress evidence due to alleged failure to preserve search footage, and in denying his motion for judgment of acquittal and new trial based on insufficient evidence and alleged Brady Giglio errors.
The court’s reasoning
The court reviewed the record and found no reversible error. The opinion states that the facts and legal contentions were adequately presented in the materials before the court, dispensing with oral argument. The court affirmed for the reasons stated by the district court in its prior orders denying Lively’s motions to dismiss, suppress evidence, or grant a new trial.
What it means going forward
The conviction stands, and the defendant’s claims regarding evidence suppression and prosecutorial disclosure failures were rejected without further analysis.