United States Eighth Circuit

Insufficient evidence to convict defendant under 18 USC 924(c)(1) for using a firearm in commission of drug offense renders conviction constitutionally invalid, and defendant need not show actual innocence of dismissed charges that are less serious than conviction charge.

Appellate Information

• Decided 12/13/2000
• Published 12/13/2000

Judges

• HEANEY, Circuit Judge., Before:  McMILLIAN, HEANEY and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mary Heise Buckley, argued, Omaha, NE (Jennifer L. Gilg, on the brief), for Appellant.


• For Appellees:
  
• Michael P. Norris, Assistant U.S. Attorney, argued, Omaha, NE, for Appellee.