United States Eighth Circuit

A conviction for conspiracy to distribute crack cocaine and possession of a firearm in furtherance of a drug trafficking offense is affirmed over a claim of insufficiency of the evidence, and a sentence vacated pursuant to the government's claim that the district court erred in sentencing defendant based on a drug quantity found by the jury beyond a reasonable doubt instead of on an amount proved by a preponderance of the evidence.

Appellate Information

• Decided 05/05/2006
• Published 05/05/2006

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, FAGG, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Donald Lee Schense, Bellevue, NE.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was William W. Mickle, II, Omaha, NE.