No. 22-3140 ___________________________

United States of America

Plaintiff - Appellee

v.

Jerry Jerome Wise

Defendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota - Southern ____________

Submitted: June 16, 2023 Filed: July 24, 2023 ____________ Before LOKEN, ERICKSON, and KOBES, Circuit Judges. ____________ ERICKSON, Circuit Judge.

A jury convicted Jerry Wise of two counts of conspiracy to distribute methamphetamine and fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal, he contends the district court 1 abused its discretion when it overruled his

1 The Honorable Karen E. Schreier, United States District Judge for the District of South